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5.1 '^,r ----\( ITEM 1 5.1. Memorandum ty of ,I/ it .lkRiver TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: FEBRUARY 29, 2000 5-- SUBJECT: SUBJECT: RENEWAL OF CONDITIONAL USE PERMIT AND SOLID WASTE LICENSE TO OPERATE A SOLID WASTE FACILITY BY THE ELK RIVER LANDFILL/P.H. CASE # CU 00-4 1. Request The Elk River Landfill is requesting approval for the renewal of their conditional use permit and solid waste license. The same issues are addressed in both the license and conditional use permit. 2. Attachments 1110 • Vicinity map. • Site map and"Explanation of Request" by the Elk River Landfill. • A memo from Matt Ledvina, City Environmental Consultant, dated, 2/21/00. • Solid Waste Facility License and Conditional Use Permit for the Landfill. Language that is proposed to be deleted has been underlined and language proposed to be added is in bold type. The legal description of the affected property is "Exhibit A" attached to the CUP. 3. Background The landfill started operation in 1972 on forty acres. Gravel deposits on the site were removed and the resulting hole was filled with solid waste. This original cell was unlined or had no means of recapturing leachate (rain water or run-off that is contaminated from coming in contact with the waste). Regulation of the landfill was done only through Sherburne County and the Minnesota Pollution Control Agency (MPCA). In 1987, the city successfully negotiated with the owners of the landfill. They agreed to subject themselves to city regulation in return for being allowed to expand. The landfill site now consists of approximately 140 acres and the city has control of a solid waste license and conditional use permit on the operation. These permits are required to be renewed every four years. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 • 4. Review Original contamination The city's major concern regarding the landfill was controlling the contamination generating from that original unlined cell prior to it leaving the boundaries of the site. Ground water in this area is estimated to be moving approximately 50 feet per year laterally and the contamination 5 to 25 feet. The first step in the effort to mitigate the contamination was to define the geo-hydrology of the area. The glacial deposits and associated stratification of the soils in the area made this a time consuming and difficult task. This effort has been pretty much complete and remedial actions (clean-up) has begun. The current attempt at remedial action is using active gas venting (sucking the gases from the waste) to remove the volatile organic compounds from the ground water also. The details of how this is to be accomplished, as well as a contingency plan if it does not work, are specified in the attached license and conditional use permit. Approval of cells 14 to 17 The landfill is divided into cells. Past city reviews included the approval of the cells through number 13. The Planning Commission and Council typically review and approve the concept of the cells contingent on staff having the final approval of the • construction details. Approval of cells 14 through 17, which are consistent with the long- range plan at the landfill, is part of this current request. These cells, as are all of those that were constructed after the original cell, are designed with a liner and leachate collection system to control the escape of contaminates. The stipulation that staff has final approval of the construction details is contained in the license and conditional use permit. Bio-reactor(leachate recirculation) The landfill is proposing something a little experimental with cells 14 through 17 called bio-reaction. Instead of the leachate being pumped out of the landfill and taken to a treatment facility, they are proposing to reintroduce it into the waste through a system of pipes. The benefits to the landfill are the waste will be more compressed, leaving them with more capacity, and they can avoid some of the cost for treating leachate. The benefit to the environment is a quicker decomposition, and consequently quicker stabilization, of the waste. There is a concern with the life expectancy of the liner under the waste. Speeding-up the decomposition process is a good thing. A number of bio-reactor pilot projects have been tried in Minnesota so that MPCA can analyze the results. Because of problems, all but three of these have been ordered to • cease. MPCA appears to be on top of this issue. Staff feels comfortable with MPCA • making the final decision regarding bio-reaction. It appears unlikely that MPCA will approve leachate recirculation. 3 to 1 slopes In Minnesota, landfill construction is typically done with 5 to 1 finished slopes (one foot of vertical fall in five feet horizontally). To increase their capacity, the landfill is proposing 3 to 1 slopes. Approval of the 3 to 1 slopes allows the Landfill to gain approximately 1,500,000 cubic yards of disposal area on the same footprint that is approved by the city's current permits. The concerns with these steeper slopes are erosion control and maintenance. MPCA will allow the Landfill to go to 3 to 1 slopes, if they meet the following criteria: • Waste Management(the parent company) has to accept responsibility for long term maintenance at the landfill, not just Elk River Landfill, Inc. • An escrow account, not a letter of credit as is the current situation, has to be set up for post closure and contingency action. • Certain design criteria have to be met such as a minimum factor of safety regarding slope failure, using Geo-net to secure the slopes, and a maximum of 40 feet vertical tiers. So far the Landfill has not met MPCA's criteria regarding 3 to 1 slopes. Again staff feels comfortable with MPCA making the final decision on this issue. • Screening A 200 foot buffer strip exists around the Landfill, except to the north where the Landfill extends out of the City Elk River into Livonia Township. The site map included with this memo shows the proposed finished contours of the landfill. The 200 foot buffer strip is denoted by a dashed line on the site map. You will note that the proposed finished contours extend into the 200 foot buffer strip in several locations. This is necessary because of elevation changes. Staff is satisfied that the Landfill has done their best to minimize the disruption of the buffer strip. Language dealing with the protection of the trees remaining in the buffer strip is included in the attached permits. The permits also reference a screening plan for the Landfill that was developed by Tim Edgeton, Sherburne County Forester. End-use Staff is recommending that the Landfill develop an end-use plan for their facility that is required to be approved by the city. Is the Landfill to be a grassy vacant hill forever or is there some practical use for this property in future? The proposed permits requires that the Landfill submits an end—use plan as part of their next renewal process in four years. • Traffic • Waste Management has greatly increased the rate of waste delivery to the Landfill over previous owners. Access to the site is via U.S. Trunk Highway 169. This access has protected turn lanes and a southbound acceleration lane. Staff feels that traffic associated with this operation is adequately addressed. 5. Recommendation Staff is recommending approval of the renewal of the Elk River Landfill's conditional use permit and solid waste facility license. The major changes in the conditions contained in these documents include: • Bio-reactor(leachate recirculation) is approved contingent on approval by MPCA and Sherburne County. If this system is not functioning properly the city has the ability to stop the process and have the Landfill return to conventional waste disposal and leachate treatment. • Approval of cells 14 through 17 is contingent on city staff's review and approval of the construction details. • 3 to 1 slopes are approved contingent on approval by MPCA and Sherburne County. • An end-use plan is made part of the next renewal of the city's permits for the Landfill. If approved with 3 to 1 slopes, the Landfill will have approximately 8,500,000 cubic • yards of remaining capacity, which staff estimates will last 10 to 15 years. III ELK RIVER LANDFILL VICINITY MAP R ff, ii10 ,_ F f. 'g t L- g . . _, s ''' =a" Imagmassommeszaamo 'IlIMPIr 1 V 7iIiiiiiiiiiiIiiiienn 1:ISIfY 1 ' /111111111,11 c) I O 7 II — N '_ -- a' vv T k 1 _,_. wi. TTI..O{L A-i KgE rajC B L p I ILLS ' 141 G. .6D0 CASE # CU 00-4 ";541* 1 =teei NLIV c.... R . 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N. 1111111 Q �a , e !I ! ! 9 A C) $ P r—V N FLE NAME,RN.60EC.Dm1 REFERENCE FLE3 EXSTCLP.TE.3-10PT3.WELL$QRD2,E/WE7RDON enc k FENECT PERMIT MOOFICATION SHEETTITLE REVISIONS DATE ELK RIVER LANDFILL FINAL COVER GRADES SHERBURNE COUNTY.MINNESOTA CROSS—SECTION Renck leeeeldee,lee. 1600 Pioneer Creek Center (612)479-4200 PREPARED FOR ELK RIVER LANDFILL.INC. Environmental Engineers Maple Pink,MN 55352 Fox'(612)479-4242 DATE.JANUARY,2000 OMNI—LCL__ DSON_1115._g,D_ WA • Explanation of Request Permit Modification The Elk River Landfill, Inc. (ERL) is permitted by the MPCA and also has a City of Elk River License and Conditional Use Permit. We have submitted a permit modification request,which improves the design of the facility and provides for a more efficient leachate collection system and more efficient use of the designated landfill footprint. Detailed information can be found in the permit modification engineering report and plans. In general the major design improvements include the conversion from gravity leachate collection lines which drained to the leachate storage tank,to leachate lines which drain to an internal sump pump from which leachate is pumped to storage tanks via a force main. The improved design does not include an increase in footprints, nor does it include an increase in the ultimate capacity of the facility. The design now incorporates an earth berm along the western and southern portion of the landfill footprint. The berm allows for • more efficient use of landfill airspace and also allows for an increased visual screen along the western and southern sides of the facility. Because of the footprint required for the berm, the number of landfill cells decreases from 18 to 17. The modified design also changes the final cover slope from 5:1's to 3:1's and includes the use of"benches" in the final contour plan and the use of a geonet drainage layer in the final cover system. The benched final contour plan is very similar to a farm field terrace system concept, which is often used to minimize erosion. The benches provide a break in surface water flow and also offer excellent access to the upper portions of the landfill. During review of the 3:1 slopes and the cover components, detailed engineering analysis, including slope stability review, surface water control and erosion control, was completed. Three to one slopes are successfully used at other landfill facilities across the nation. Please refer attached plan sheets for detailed information. Leachate recirculation The second project under consideration is leachate recirculation. Currently leachate from the facility is trucked over 60 miles to the wastewater treatment plant in St. Paul. The leachate recirculation project proposes to treat leachate on-site through a series of perforated pipes laid in trenches at 30-foot height intervals within the active landfill cell. • Leachate will be force mained into the pipes at timed intervals and allowed to saturate the waste. Recirculation of leachate at the facility provides a number of benefits, including elimination of reduction in tanker trucks hauling to off-site treatment plant; a"cleanings" III or filtering affect on the leachate; and, more importantly, the acceleration of decomposition of the waste deposit and rapid waste stabilization, The accelerated decomposition results in the production of more methane gas which can be utilized at the gas to energy plant located at the facility. Rapid stabilization of the waste minimizes the opportunity for long term adverse environmental impacts. Leachate Recirculation is being successfully completed at many landfills across the nation. • • FE8 2 3 2000 1 February 21, 2000 Mr. Steve Rohif City of Elk River 13065 Orono Parkway Box 490 Elk River, MN 55330 RE: Elk River Landfill-CUP and License Amendments/Renewal Dear Steve: This letter is sent to transmit my suggested modifications to the conditional use permit and the license agreement for the Elk River Landfill (ERL). I have reviewed the specific language of the documents and have made my suggested modifications in ink on the respective pages. On page 4 of the license agreement the "Permit Application" is referenced. The following comments have not been resolved. I would recommend that the conditions identified as follows be added to the license. 1. Leachate Management System — No new tanks are proposed for storage of leachate • generated within the additional 44 acres (Cells 12a-17) of landfill expansion. The new landfill liner area will be entirely serviced by the existing leachate station #3. . Additional leachate management and storage facilities must be constructed, as necessary, such that the leachate head does not exceeds a maximum of 12 inches for any liner cell. 2. ERL shall continue to monitor the leachate head on a weekly basis for all cells to demonstrate compliance with the maximum head levels allowed. The results shall be submitted to the City on a quarterly basis. 3. The rationale for the landfill liner leak detection design shall be identified. The sampling and contingency action protocols for liner leaks shall be outlined in the Operations Plan for the site. 4. The quality of final cover soils and vegetation is critical to the implementation of final cover design which calls for steepened sideslopes. The topsoil specification for the final cover design and other finished grading construction identifies that topsoil comply with MNDOT 3877.2B standard specifications. The Construction Quality Assurance Program must be amended to document compliance with topsoil sampling and testing for every 1000 cubic yards. 5. The proposed basegrade plan indicates that there will be areas which will require soil fill prior to construction of the liner system. The engineering report requires that subgrade fill soils be compacted to 95% standard proctor density (ASTM D698). The Construction Quality _ • ENVIRONMENTAL RESOURCE GROUP 900 Second Avenue South Minneapolis, MN 55402 phone 612.339.4750 fax 612.339.4990 Page 2 February 22, 2000 Assurance Program must be amended to document compliance with the compaction specification to ensure the stability of the liner system. Compaction testing for subgrade fill must be conducted on a frequency of one per 10,000 square feet for each foot of soil placed. 6. Operation of the Active Gas Control System (AGCS) is currently being conducted by Power Strategies, Inc. with the goal of optimizing power generation. The AGCS was originally implemented as a means of mitigating migration of landfill gas and ongoing contamination of the groundwater in the unlined portion of the landfill. Operation of the AGCS must be managed by ERL personnel with the original goals of the AGCS system used as the primary conditions of operation. 7. ERL shall develop a current AGCS Operation and Monitoring Plan which is based on operating experience of the system and which takes into consideration the contractual arrangements with Power Strategies. 8. The vegetation within the 200 feet buffer area in the southeast, south and southwest areas of the site shall be maintained. ERL shall develop an inventory of "significant" trees. A "Buffer and Screening Plan" shall be developed by ERL and approved by staff which identifies the loss of significant trees from the inventory and a proposal to mitigate tree loss to maintain and enhance the screening of the landfill and operations. The plan shall address the preservation of the buffer during construction, throughout the operational period of the landfill and through the final cover construction. 9. The proposals for implementing three to one final cover sideslopes and leachate recirculation are conditionally approved pending MPCA approval. • Please contact me if you have additional questions or comments. My phone number at ERG is 612-339-2316. Thank you. Sincerely, E viro`me t.I 'eso ces Group, LLC Matthew L. Ledvina, P.E. Project Manager G:\Clients\Client A-L\City of Elk River\Letters 2000\It000220.doc • CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2000, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license,pursuant to Elk River Code of Ordinances § 604.26, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit contemporaneous with the issuance of a license; and WHEREAS,the City Council directed the issuance of a solid waste facilities license to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and • WHEREAS, the License was renewed every two four years with the most recent renewal occurring on May 19, 1997 July 20, 1998; and WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL); and WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and WHEREAS, Licensee has applied for an amendment to and renewal of the Solid Waste Facility License on January 21,2000 ("Permit Application" 9/99) issued in 1997 to allow construction of a new demolition debris additional cells at the Landfill; and WHEREAS,the City Council of the City of Elk River has held a hearing on the proposed amendment and renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. NOW, THERFORE,the City grants to the Licensee, and the Licensee accepts an amended and renewed solid waste facilities license for the operation of a sanitary landfill • and related ctivities on the Landfill Property subject to the terms, conditions and qualificatio hereinafter stated,to wit: 1.) Significant Persons. The person responsible for actual operation and maintenance f Elk River Landfill, Inc., (ERL)to whom communications concerning this License shoul be addressed is Debra Dehn John Kellas in his her capacity as Site Manager of ERL, whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a subsidiary of USA Waste of Minnesota, Inc., a Minnesota Corporation,which is a subsidiary of Waste Management Sanifill, Inc., a Texas a Delaware corporation, whose address is 1001 Fannin, Suite 4000, Houston, Texas 77002. Sanifill, Inc. is a wholly owned subsidiary of USA Waste Services, Inc., a Delaware corporation, 1001 Fannin, Suite 4000, Houston, Texas 77002. The following information shall be provided to the local fire and police departments as well as the Sheriff: Debra Dell d John Kellas, Site Manager 22460 Highway 169 NW Elk River, MN 55330 Work: 441-24 4, fax: 441-2025 Mobile: (612)70-2942 708-2435 Chuck Wilcox, 'egional Sales Manager USA Waste Se ices, Inc. Park West Two, uite 420 • 2000 Cliff Mine 'oad Pittsburgh, PA 1 75 Work(Direct): 41'-490-2770 Work(Main Offic,): 412-494-4966 Fax: 412-490-0162 Home: 412-741-4912 Mobile: 412-980-35 2.) Scope and Co duct of Landfill Operations. The operation of a solid waste sanitary landfill may be cond‘ cted on the Landfill Property in conformance with existing statutory and regulatory autho ity and requirements of the City, Sherburne County and the Minnesota Pollution Contr 1 Agency and in accordance with authorization and limitations contained in: (01) MPCA Solid Waste Permit No. 74, as modified and reissued in 1997 and which specifically authorized Ce\lls 12 and 13 of the Landfill; (02)the current Sherburn County solid waste landfill license issued to the Licensee; (03)the conditional use permit, as amended, issued by the City for the Landfill; and • 2 1.1 (04)this License. Provided, however,that the entire Landfill shall have a final elevation of no more than 1120 feet above MSL based on 5H: 1V slopes, and including final cover, as provided in the Long Term Development Plan dated March 1997, and as revised on April 15, 1997. The Landfill shall also be operated and developed consistent with the following plans and reports which have been submitted to the City and/or the MPCA: (01) "Cells, 6, 10, 11 Revised Engineering and Operations Plan", March, 1989 (02) "Corrective Action Investigation Revised Work Plan", December, 1989 and April 4, 1991 Addendum (03) "Financial Assurance Report- 1990",November 1990 (04) "Landfill Gas Monitoring Plan, Phase 1 Report", December 1989 and modifying submittal dated March 13, 1990 (05) "Recycling Facility Design Report and Operations Manual", May 1990 (03) (06) "New Recycling Facility Design Report and Operations Manual", January, 1991 • (07) "Final Cover Design", September 1991 (08) "Quality Assurance Manual",November 1991 (04) (09) "MSW Operations Manual", January 1992 September, 1999 (10) "Demolition Debris Operations Manual", February 1992 (11) "Cells 10 & 11 Design Report", June 1992 (05) (12) "Household Hazardous Waste Management Plan", June 15, 1992 (06) (13) "Phase II "Landfill Gas Assessment Report", February 1993 System Expansion Documentation Report",March, 1999 (07) (14) "Leachate Management Plan", March 1993, revised December, 1997 December, 1999 (15) "Final Cover Sequencing Plan", April 1993 (16) "Phase I Landfill Gas Extraction System", (Plan Sheets #1-10 separate, Ap' • 3 19 5 Revised Plan sheets #1-9 separate), August 1994 (08) (17) "Revised Closure, Postclosure and Contingency Action Cost Estimates", Apri 9, 1998 September, 1999 (09) ( 8) "Stormwater Pollution Prevention Plan", September, 1993 (19) " omprehensive Monitoring Plan Report", January 1996 (10) "Construction Quality Assurance Program", March, 1999 1 (11) "Phse IV Water Quality Monitoring Work Plan" February,2000 (12) "Landfill Gas Monitoring Plan", May, 1995 (13) "Leachate Recirculation Plan" September, 1999 (contingent on MPCA approval) (14) (20)"199\6 "1999 Annual Report", February, 1997 2000 (21) "Revised Demolition Fill Plan", Sheet No. C-2, February 26, 1997 (15) (22)"1996 1999 Water Quality Report", February, 1997 2000 (16) (23) "Long- rm Development Plan", March 1997, and as revised on • April 15, 1997 to i iclude a maximum final elevation of 1120 feet MSL (17) (24) All Solid aste License Renewals through the License dated January 16, 1996 N vember 30, 1998 (18) (25) "Industrial olid Waste Management Plan", Version E, May 1994 November, 1999 and further conditioned upon submittal of annual reports describing the followin : (a) Monthly nd Annual Waste Disposal Volume. (b) Schedule f construction activities for the forthcoming year. 'c) Type, Quan'ity and Source of Material to be Disposed. Remaining permitted capacity TJpdated contour map which indicates the elevations of all fill areas Ni 'ssment of the Financial Assurances Plan. • 4 \ (g) Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. (h) Detailed evaluation of all water quality results by means of tables and graphs. (i) A groundwater contour map based on the previous years' groundwater level data. (19) (26) "Application for Permit Modification", dated April, 1998 and revised June, 1998 "Permit Application September", 1999; subject to the following conditions: (a) The plan sheets and engineering report shall be revised to provide vehicle access for operation and maintenance of the new leachate management facilities, existing and future landfill gas (LFG) extraction system components and maintenance of final cover. (b) The plan sheets and engineering report shall be revised to indicate details for the new LFG condensate storage tank. (c) The depth of burial for the leachate force main shall be increased at locations where access roads cross the pipe. II (d) The conditions set forth in the June 8, 1998 letter to Licensee from the City, Sherburne County and the Minnesota Pollution Control Agency, shall be complied with. (a) Additional leachate management and storage facilities are required so that the leachate head does not exceed a maximum of 12 inches for any liner. The Landfill shall monitor leachate . head levels weekly and submit results to the City quarterly. (b) The sampling and contingency action protocols for liner leaks shall be outlined in the Operations Plan for the site and approved by City Staff. (c) The Construction Quality Assurance Program shall be amended to document compliance with MNDOT 3877.2B standards for sampling and testing of topsoil. (d) Operation of the Active Gas Venting System shall be managed to mitigate landfill gas migration and ongoing containment of ground water contamination from the unlined portion of the Landfill. The Landfill shall develop a current Active Gas IIIVenting System Operation and Monitoring Plan,which is 5 based on operating experience of the system and its contractual agreement with Power Strategies. ii, (27) '1 "Post Closure Plan" dated, March, 1998. Any changes made to the above described plans, reports, MPCA Solid Waste Permit No. 74 and the County License shall also be reviewed and approved, approved with modification, or disapproved by the City. Minor modifications shall be reviewed by City staff. Major modifications shall be reviewed by the City Planning Commission and the City Council. The City may not unreasonably disapprove or unreasonably require modifications. The City may also make reasonable modifications to the conditions of the License based upon a submittal from the Licensee. The City shall respond to Licensee submittals on a timely basis, whici shall be no later than formal MPCA time lines for review and comment for concurrent submittals. 3.) Scope and Conduct of Related Operations. (01) Recycling Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects • with all applicable requirements of the City Code or Ordinances and all applicable federal, state, and county laws and regulations. (b) Threcycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff. The recycling center may accept additional materials, including ' household hazardous wastes,provided that Licensee's plan for handling additional materials and any changes to the recycling center\shall first be approved in writing by the City. (c) The re cling center shall be operated by Licensee. Operation of the rec ling center by a different operator shall require the prior written proval of City staff Any different operator of the recycling center must comply with all of the terms and conditions of this License. (d) Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. Used oil reccling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff Illi 6 (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Licensee shall have a regular schedule for appliance pick-up, to be approved by City Staff. (02) Yard Waste Composting. The operation of a yard waste composting facility on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff. • (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and/or compost may not be used as daily cover for the landfill. • 7 (i) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to,the operational requirements, performance standards and environmental monitoring requirements of sections 4,6,7, and 8; and the requirement of sections 17 and 25 to make prompt payment of all fees due to the City. No yard waste may be I accepted at the yard waste composting facility if this condition is 'I not complied with. Licensee must immediately stop accepting yard waste upon written notice from the City that there is a i violation of this condition. (03) D,,inolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditi•ns of this License, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The demolition debris landfill shall be located and operated as .hown on the"Revised Demolition Fill Plan"- Final Grades: Sheet o. C-2," dated February 26, 1997 submitted by Licensee and a•proved by City staff; Licensee's Application for Permit ID odification dated April, 1998, and revised Application for Permit •dification dated June, 1998; and the conditions set forth in the Ju e 8, 1998 letter to Licensee from the City, Sherburne County an. the Minnesota Pollution Control Agency. (c) Licensee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure timeline, - which shall be updated as appropriate. (d) Licensee shall pay the demolition debris surcharge authorized by Minn. tat. § 115A.921, Subd. 2. The Surcharge shall be paid directly,to the City on a monthly basis, and shall be accompanied by an a curate report on the amount and type of demolition debris disposed of each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. • 8 (e) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to,the operational requirements,performance standards and environmental monitoring requirements of sections 4, 6, 7, and 8; and the requirements of sections 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. Licensee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition. (04) Other Related Operations. No other operations or activities, whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted separately by the City. 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipes. Licensee shall verify to the City every four (4) years that the existing leachate transmission pipes do not leak. (02) Backup Leachate Pumps. Licensee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall • maintain provisions for restoring temporary leachate pumping within a 24-hour period. (03) Leachate Holding Tank. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be a violation of this License to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Venting System. Licensee shall conduct active landfill gas venting accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction. (05) Comprehensive Monitoring Plan Phase IV Water Quality Monitr Work Plan. The Comprehensive Monitoring Plan Phase IV Water Qua' Monitoring Work Plan which describes the sampling frequency, paran protocols and reporting frequency for landfill gas, leachate, leachate pit leachate lysimeter, residential wells, groundwater monitoring wells ar water shall be updated annually to reflect changes in the monitoring monitoring plan shall yield adequate information for assessing the e the landfill gas control system in decreasing VOC contaminants it groundwater. The annual updates shall be approved by the City. • 9 (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of ac 've landfill gas venting operations based on the results of groundwater and landfill gas monitoring and incorporate the evaluation in the MPCA Annual Report for the landfill. 1 (07) OC Remediation Feasibili Stud . In accordance with MPCA Permit, Part III. ., Corrective Action, the Landfill will be allowed a three year timeframe in which o demonstrate the effectiveness of landfill gas extraction system in reducing ' OC contaminants in the groundwater. Sufficient water quality data, as determ ed by City Staff, shall be gathered to determine significant trends. If, as of March 1, 1999 2001, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend,the Landfill shall complete a Focused Feasibility Study. The Focused Feasilility Study shall be submitted to City staff by June 1, 1999 2001. (08) VOC Re edial Action. If necessary,the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and operational by March 1, 2001 2003, unless good cause can be shown for a delay. (09) Heavy Met 1 Contaminant Monitoring and Assessment. Heavy metal contaminants for su face water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring to confirm exceedances and identify trends, the Landfill shall continue monitoring and • prepare evaluation re rts which shall be submitted with the MPCA Annual Reports. 10) Heavy Metal Coitamination Feasibility Study. If heavy metal icentrations in groundwater and surface water exceed regulatory standards, the -fill will be requiredconduct a Feasibility Study and submit it to City staff -:hedule determinedly City staff. Instruction Quality Assurance Reports. A Construction Quality 'CQA) Report shall be submitted to the City prior to the placement of vly constructed fined areas. A CQA report shall also be submitted for which receive final cover. The report shall demonstrate that the -td to the plan specifications. The Report shall be certified to by .red in the State of Minnesota and shall include but not be 'ant construction specifications; wings for prefabricated components; 'tatioof all critical aspects of construction; III 1� 'ilk i (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (f) As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump- on/pump-off controls; (h) Completed manufacturer warranties; (i) All physical testing results (12) Licensee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. Licensee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Licensee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work, which is covered or otherwise obscured prior to City • inspection,to be re-excavated for City inspection. (13) Temporary Fencing-On Site Litter Control. Litter control fences shall be maintained around the working area(s) of the landfill to prevent the blowing of paper or other litter on or off site. The Licensee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (14) Permanent Fencing. The Licensee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (15) Public Information. The Licensee shall maintain a sign at the entrance ' the Landfill Site which describes in common terms the substances which may disposed at the Landfill and those substances which may not be accepted for disposal. (16) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (17) Electrical Service. Adequate electrical service shall be provided • for operations and repairs. 11 (18) Fire Fighting. Fire fighting equipment including at least one piece of hea equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus for the City Fire Department shall be available for use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. (19) Safe y Equipment. Emergency first aid equipment consisting of at least one first aid it kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. (20) Water. A potable water supply shall be available for site personnel. (21) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection(19) of this section, during cold weather operations. (22) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeterf the Landfill Property. • '3) Communication. Adequate communication facilities shall be provided for 'rgency purposes. Security. A gate shall be provided at the entrance to the site and kept 'en an attendant is not on duty. 'oads. An all-weather haul road shall be provided to the unloading 1 on a regular\basis. The Landfill shall pave the access roads from 'le and from\T.H. 169 to the shop building by June 30, 1997 to ln. \ �� lent. Adequate equipment shall be supplied capable of the refuse as received. At least one machine capable of its entirety at the end of the day, shall be supplied. ;ect to approval by the City Council,the - ce to the Landfill Property a sign stating the 5ti'�� ays and hours the facility is open to the �`�� Minnesota Pollution Control Agency ,t. -iforming dumping. • 12 \ CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2000, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to Elk River Code of Ordinances § 604.26, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit contemporaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and • WHEREAS,the License was renewed every two four years with the most recent renewal occurring on May 19, 1997 July 20, 1998; and WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL); and WHEREAS, the Licensee has agreed to a final elevation of 1120 MSL; and WHEREAS, Licensee has applied for an amendment to and renewal of the Solid Waste Facility License on January 21,2000 ("Permit Application" 9/99) issued in 1997 to allow construction of a new demolition debris additional cells at the Landfill; and WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed amendment and renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. NOW, THERFORE, the City grants to the Licensee, and the Licensee accepts an amended and renewed solid waste facilities license for the operation of a sanitary landfill 110 and related a ivities on the Landfill Property subject to the terms, conditions and qualifications hereinafter stated, to wit: 1.) Significant Persons. The person responsible for actual operation and maintenance �f Elk River Landfill, Inc., (ERL)to whom communications concerning this License should be addressed is Debra Dehn John Kellas in his her capacity as Site Manager of ERL, whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a subsidiary of USA Waste of Minnesota, Inc., a Minnesota Corporation,which is a subsidiary of Waste Management Sanifill, Inc., a Texas a Delaware corporation, whose address is 1001 Fannin, Suite 4000, Houston, Texas 77002. Sanifill, Inc. a wholly owned subsidiary of USA Waste Services, Inc., a Delaware corporation, 1001 Fannin, Suite 4000, Houston, Texas 77002. The following information shall be provided to the local fire and police departments as well as the Sheriff: 1 Debra Dehn John Kellas, Site Manager 224601Highway 169 NW Elk Ri er, MN 55330 Work: 441-2464, fax: 441-2025 Mobil : (612) 270-2942 708-2435 ! ChuckWilcox Re.ional Sales Mana_er USA aste Services Inc. Park est Two Suite 420 • 2000 I liff Mine Road Pittsb .h PA 15275 Work (Direct): 412-490-2770 Work Main Office): 412-494-4966 Fax: 4 2-490-0162 Home: 412-741-4902 Mobile: 412-980-3570 2.) Scope and Conduct of Landfill Operations. The operation of a solid waste sanitary landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County and the Minnesota Pollution Control Agency and in accordance with authorization and limitations cor_tained in: (01) M 'CA Solid Waste Permit No. 74, as modified and reissued in 1997 and which specifically authorized Cells 12 and 13 of the Landfill; (02) th current Sherburne County solid waste landfill license issued to the Licensee; (03)th conditional use permit, as amended, issued by the City for the Landfill; and • 2 p (04)this License. Provided, however,that the entire Landfill shall have a final elevation of no more than 1120 feet above MSL based on 5H: 1V slopes, and including final cover, as provided in the Long Term Development Plan dated March 1997, and as revised on April 15, 1997. The Landfill shall also be operated and developed consistent with the following plans and reports which have been submitted to the City and/or the MPCA: (01) "Cells, 6, 10, 11 Revised Engineering and Operations Plan", March, 1989 (02) "Corrective Action Investigation Revised Work Plan", December, 1989 and April 4, 1991 Addendum (03) "Financial Assurance Report- 1990",November 1990 (04) "Landfill Gas Monitoring Plan, Phase 1 Report", December 1989 and modifying submittal dated March 13, 1990 (05) "Recycling Facility Design Report and Operations Manual", May 1990 (03) (06) "New Recycling Facility Design Report and Operations Manual", January, 1991 1111 (07) "Final Cover Design", September 1991 (08) "Quality Assurance Manual",November 1991 (04) (09) "MSW Operations Manual", January 1992 September, 1999 (10) "Demolition Debris Operations Manual", February 1992 (11) "Cells 10 & 11 Design Report", June 1992 (05) (12) "Household Hazardous Waste Management Plan", June 15, 1992 (06) (13) "Phase II "Landfill Gas Assessment Report", February 1993 System Expansion Documentation Report",March, 1999 (07) (14) "Leachate Management Plan", March 1993, revised December, 1997 December, 1999 (15) "Final Cover Sequencing Plan", April 1993 (16) "Phase I Landfill Gas Extraction System", (Plan Sheets #1-10 separate, April • 3 1995 evised Plan sheets#1-9 separate), August 1994 (08) (17) "Revised Closure, Postclosure and Contingency Action Cost Estimates", 1\ April 9, 1998 September, 1999 (09) ( 8) "Stormwater Pollution Prevention Plan", September, 1993 (19) "Comprehensive Monitoring Plan Report",January 1996 (10) "Construction Quality Assurance Program", March, 1999 (11) "Phase IV Water Quality Monitoring Work Plan" February, 2000 (12) "Landfill Gas Monitoring Plan", May, 1995 (13) "Leachate Recirculation Plan" September, 1999 (contingent on MPCA approval) (14) (20) "1996 "1999 Annual Report", February, 1997 2000 (21) "Revised Demolition Fill Plan", Sheet No. C-2, February 26, 1997 (15) (22) "1996 "1999 Water Quality Report", February, 1997 2000 (16) (2 ) "Long-Term Development Plan", March 1997, and as revised on III April 1 , 1997 to include a maximum final elevation of 1120 feet MSL (17) (24) All Solid Waste License Renewals through the License dated Januar 16 1996 November 30, 1998 (18) (2 ) "Industrial Solid Waste Management Plan", Version E, May 1994 - Novem er, 1999 and further conditioned upon submittal of annual reports describ ng the following: (a) Monthly and Annual Waste Disposal Volume. b) Schedule of construction activities for the forthcoming year. c) Type, Quantity and Source of Material to be Disposed. d) Remaining permitted capacity e) Updated contour map which indicates the elevations of all fill areas Assessment of the Financial Assurances Plan. III 4 7 (g) Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. (h) Detailed evaluation of all water quality results by means of tables and graphs. (i) A groundwater contour map based on the previous years' groundwater level data. (19) (26) "Application for Permit Modification", dated April, 1998 and revised June, 1998 "Permit Application September", 1999; subject to the following conditions: (a) The plan sheets and engineering report shall be revised to provide vehicle access for operation and maintenance of the new leachate management facilities, existing and future landfill gas (LFG) extraction system components and maintenance of final cover. (b) The plan sheets and engineering report shall be revised to indicate details for the new LFG condensate storage tank. (c) The depth of burial for the leachate force main shall be increased at locations where access roads cross the pipe. • (d) The conditions set forth in the June 8, 1998 letter to Licensee from the City, Sherburne County and the Minnesota Pollution Control Agency, shall be complied with. (a) Additional leachate management and storage facilities are required so that the leachate head does not exceed a maximum of 12 inches for any liner. The Landfill shall monitor leachate head levels weekly and submit results to the City quarterly. (b) The sampling and contingency action protocols for liner leaks shall be outlined in the Operations Plan for the site and approved by City Staff. (c) The Construction Quality Assurance Program shall be amended to document compliance with MNDOT 3877.2B standards for sampling and testing of topsoil. (d) Operation of the Active Gas Venting System shall be managed to mitigate landfill gas migration and ongoing containment of ground water contamination from the unlined portion of the Landfill. The Landfill shall develop a current Active Gas • Venting System Operation and Monitoring Plan,which is 5 based on operating experience of the system and its contractual agreement with Power Strategies. (27) "Post Closure Plan" dated, March, 1998. Any changes made to the above described plans, reports, MPCA Solid Waste Permit No. 74 and the County License shall also be reviewed and approved, approved with modification, or disapproved by the City. Minor modifications shall be reviewed by City staff. Major modifications shall be reviewed by the City Planning Commission and the City Council. The City may not unreasonably disc prove or unreasonably require modifications. The City may also make reas nable modifications to the conditions of the License based upon a submittal fro the Licensee. The City shall respond to Licensee submittals on a timely basi , which shall be no later than formal MPCA time lines for review and comment for concurrent submittals. 3.) Scope and Conduct of Related Operations. (01) Recycling Center. The operation of a recycling center on the Landfill Proprty may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects III with all applicable requirements of the City Code or Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff. The recycling center may accept additional materials, including ' household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Licensee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this License. (d) Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff. 4110 6 (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Licensee shall have a regular schedule for appliance pick-up, to be approved by City Staff. (02) Yard Waste Composting. The operation of a yard waste composting facility on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff • (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a • manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff (h) Yard waste and/or compost may not be used as daily cover for the landfill. 111 7 (i) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to,the operational requirements,performance standards and environmental monitoring requirements of sections 4,6,7, and 8; and the requirement of sections 17 and 25 to make prompt payment of all fees due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Licensee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Demolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and cpnditions of this License, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The demolition debris landfill shall be located and operated as shown on the "Revised Demolition Fill Plan"-Final Grades: Sheet No. C-2,"dated February 26, 1997 submitted by Licensee and approved by City staff; Licensee's Application for Permit • Modification dated April, 1998, and revised Application for Permit Modification dated June, 1998; and the conditions set forth in the June 8, 1998 letter to Licensee from the City, Sherburne County and the Minnesota Pollution Control Agency. (c) Licensee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure timeline, which shall be updated as appropriate. (d) Licensee shall pay the demolition debris surcharge authorized by Minn. Stat. § 115A.921, Subd. 2. The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of demolition debris disposed of each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 1111, 8 (e) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to,the operational requirements,performance standards and environmental monitoring requirements of sections 4, 6, 7, and 8; and the requirements of sections 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. Licensee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition. (04) Other Related Operations. No other operations or activities, whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions except mining activities or other operations licensed or permitted separately by the City. 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipes. Licensee shall verify to the City every four (4) years that the existing leachate transmission pipes do not leak. (02) Backup Leachate Pumps. Licensee shall maintain backup pumps for use in • the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24-hour period. (03) Leachate Holding Tank. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be a violation of this License to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Venting System. Licensee shall conduct active landfill gas venting in accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction. (05) Comprehensive Monitoring Plan Phase IV Water Quality Monitoring Work Plan. The Comprehensive Monitoring Plan Phase IV Water Quality Monitoring Work Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate lysimeter, residential wells, groundwater monitoring wells and surface water shall be updated annually to reflect changes in the monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. The annual updates shall be approved by the City. • 9 (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of aive landfill gas venting operations based on the results of groundwater and land ill gas monitoring and incorporate the evaluation in the MPCA Annual Report for the landfill. (07)il VOC Remediation Feasibility Study. In accordance with MPCA Permit, Part II.C., Corrective Action, the Landfill will be allowed a three year timeframe in which to demonstrate the effectiveness of landfill gas extraction system in reducing VOC contaminants in the groundwater. Sufficient water quality data, as determined by City Staff, shall be gathered to determine significant trends. If, as of March 1, 1999 2001, groundwater quality standards are exceeded at the facili y's compliance boundary and the concentration of VOCs do not show a decre sing trend,the Landfill shall complete a Focused Feasibility Study. The Focu ed Feasibility Study shall be submitted to City staff by June 1, 1999 2001. 1 (08) VOC Remedial Action. If necessary,the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and opera`ional by March 1, 2001 2003, unless good cause can be shown for a delay. (09) 1 Heavy Metal Contaminant Monitoring and Assessment. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring to confirm • exceedances and identify trends, the Landfill shall continue monitoring and prep e evaluation reports which shall be submitted with the MPCA Annual Repo s. (10) Heavy Metal Contamination Feasibility Study. If heavy metal conce trations in groundwater and surface water exceed regulatory standards, the Land 11 will be required to conduct a Feasibility Study and submit it to City staff on a s hedule determined by City staff. (11) Construction Quality Assurance Reports. A Construction Quality Assur ce (CQA) Report shall be submitted to the City prior to the placement of waste n newly constructed lined areas. A CQA report shall also be submitted for Landfi 1 areas which receive final cover. The report shall demonstrate that the work i completed to the plan specifications. The Report shall be certified to by an eng neer registered in the State of Minnesota and shall include but not be limite to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo documentation of all critical aspects of construction; 4111 10 / _ (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (f) As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump- on/pump-off controls; (h) Completed manufacturer warranties; (i) All physical testing results (12) Licensee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. Licensee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Licensee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work, which is covered or otherwise obscured prior to City • inspection,to be re-excavated for City inspection. (13) Temporary Fencing-On Site Litter Control. Litter control fences shall be maintained around the working area(s) of the landfill to prevent the blowing of paper or other litter on or off site. The Licensee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (14) Permanent Fencing. The Licensee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (15) Public Information. The Licensee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (16) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (17) Electrical Service. Adequate electrical service shall be provided at the site II/ for operations and repairs. 11 (18) Fire Fighting. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus for the City Fire Department shall be available for use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. a (19) Safety Equipment. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at least one shower on site avail ble to all personnel and customers shall be supplied. At least one of every four andfill personnel shall be trained in first aid and CPR. (20) Water. A potable water supply shall be available for site personnel. (21) Storage. Adequate on-site shelter shall be provided for maintenance and stora e, sufficient to supply the equipment required by subsection(19) of this section, during cold weather operations. (22) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outsi e the perimeter of the Landfill Property. III (23) Communication. Adequate communication facilities shall be provided for emer ency purposes. (24) Security. A gate shall be provided at the entrance to the site and kept lock d when an attendant is not on duty. (25) Haul Roads. An all-weather haul road shall be provided to the unloading area d watered on a regular basis. The Landfill shall pave the access roads from T.H. 69 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce dust generation. (26) Adequate Equipment. Adequate equipment shall be supplied capable of sprea ing and compacting the refuse as received. At least one machine capable of cove 'ng the working face, in its entirety at the end of the day, shall be supplied. (27) Information Display. Subject to approval by the City Council,the Lice see shall maintain at each entrance to the Landfill Property a sign stating the name of the facility,the schedule of days and hours the facility is open to the publi , prices for use of the facility,the Minnesota Pollution Control Agency perm t number and the penalty for nonconforming dumping. 111/ 12 • (28) ScreeningBufferrStrips. Visual screening of the Sanitary Landfill site, as • required by the Conditional Use Permit for the Landfill Property and as approved by the City Council, shall be provided by the use of buffer zones, natural objects, trees, plants, seeded soil berms, fences, and other suitable means. (29) Small-Load Dumping Site. The Licensee shall, during all hours of operation,maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers from May 1 to October 31 each year. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. (30) Oak Wilt Prevention. As a method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill Property between April 15 and July 15 each year. In addition, oak stumps shall be removed prior to April 15 each year. When removing trees and stumps, Licensee shall prevent damage to remaining trees. (31) Leachate Recirculation. The City's approval of leachate recirculation is contingent on approval by MPCA. Remedies for problems arising from leachate recirculation include, but are not limited to, the cessation of leachate recirculation and reverting back to traditional leachate treatment. • (32) Cells 14 through 17. The City's approval of cells 14 through 17 is contingent on City Staffs review and approval of the specific construction details. 3H to 1V side slopes for these cells is contingent on MPCA's approval. (33) End Use Plan. The Landfill shall submit an End Use Plan to the City as part of their next renewal of this permit in 2004. 5.) Off-Site Litter Control. The Licensee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Litter shall be removed from these areas not less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Landfill. In addition, Licensee shall inspect all trucks leaving the Landfill 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. In the event that Licensee fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill the cost of such removal to the Licensee, which shall remit payment within thirty (30) days of the date of such billing. • 13 3 6). General Performance Standards. The Licensee shall comply with the •foll wing performance standards and operating requirements: (01) Hazardous Wastes Prohibited.No Hazardous Wastes shall be disposed of in the Landfill. (02) Dangerous Wastes.No Dangerous Wastes (as defined in the Code of Ordinances for the City of Elk River) shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required by Chapter 604 of the City Code of Ordinances. The City shall respond to requests for permission to dispose dangerous wastes within fifteen (15) days from receipt of the request as appropriate. If a request to dispose of dangerous wastes is rejected by the City Building &Zoning Administrator, or the City's authorized consultant/agent, the dangerous wastes may not be disposed at the Landfill. Licejisee may propose advance approval of proposed disposal of dangerous wasts by submitting to the City, for each waste, a statement identifying the waste type, generator name and address, volume, method of chemical analysis, chemical constituents, and disposal procedures proposed. This statement, and all requests to dispdse of dangerous wastes, shall be submitted in the form required by the City. The city may deny permission to dispose of Dangerous Wastes at the Landfill for one Or more of the following reasons: (a) In the City's sole discretion, it would not be in the best interests of Ill the public health, safety or general welfare of the citizens of Elk River to allow disposal of said wastes; (b) In the City's sole discretion, disposal of said wastes would pose a threat to the environment. (c) Licensee and/or the operation of the Landfill is currently in - violation of any of the terms, conditions, or requirements of this License including specifically, but not limited to, the operational I requirements, performance standards and environmental monitoring requirements of Sections 4, 6, 7, and 8; and the requirements in Sections 17 and 25, to make prompt payment of all fees due the City. Licensee's "Industrial Solid Waste Management Plan, Version E", May 1994, ovember, 1999 shall be complied with in all respects, subject to specific requir ments of this License, and may not be modified or amended without the City's rior written approval. (03) Incorporation of State Standards. The Landfill shall comply with the requir d practices for maintenance and operation of landfills set forth in III 1 14 I Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and • 7035.0300 to 7035.2875. (04) Compliance With Zoning Ordinance Performance Standards. The operation of the Landfill shall fully comply with the performance standards and other requirements of Chapter IX of the Elk River City Code, including specifically Section 900.28 thereof relating to performance standards for industrial uses. (05) Supervision. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of refuse shall be continuously supervised at the working face of the landfill. (06) Operating Records. Accurate records of daily waste disposal operations shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded on a daily basis, in a manner acceptable to the City, and reported to the City on a monthly basis along with payment of the Landfill Surcharge Fee required by Section 25 of this License. The volume and location of the disposal of Dangerous Wastes shall be recorded the day such disposal takes place and shall include the amount and type of waste disposed of, and the name and address of the source of the waste. Waste disposal records shall be available during normal business hours, for review and inspection by the City. • (07) Recording. A detailed description of the location of the completed Sanitary Landfill site shall be recorded with the County Register of Deeds within four months after approval of the closure of the landfill. This description shall include the general type and location of deposited Solid Waste, the location of phased or staged disposal of wastes, the type and number of lifts, original and final terrain descriptions, site hydrogeologic conditions, and other pertinent characteristics of the completed sanitary landfill site. (08) Education Program. The Licensee shall: (a) Make available to all landfill users, including haulers and their customers, information which describes in common terms what is permissible and impermissible to dispose at the landfill. (b) Continue to conduct an employee training program designed to assist employees in identifying impermissible waste materials and to prevent their disposal at the landfill. The training program shall be reviewed with City staff and recommendations to improve the program shall be incorporated to the extent feasible. (09) Hours of Operation. The landfill shall not be operated between 7:00 p.m. and 6:00 a.m. The landfill may accept waste during off hours only under the • following circumstances: 15 (a) The wastes have been tested and approved for disposal; III (b) Acceptance is necessary during off hours because of extraordinary circumstances; � (c) Each instance of off hour acceptance has received the prior approval of the City Building and Zoning Administrator and such approval was granted during City business hours; and (d) Each instance of off hour acceptance is documented in a letter sent by the Landfill to the Building and Zoning Administrator within five business days of the instance off hour acceptance. 7.) Site Environmental Monitoring. (01) I On-site Groundwater. The Licensee shall perform on-site water quality testing at the monitoring wells in the manner required by the MPCA permit. The wells I shall meet current Department of Health Well Code Standards. The Water Qualilty report shall be submitted to the City when it is submitted to the MPCA. (02) Surface Water Quality. The Licensee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Licensee shall annually sample the III indivi ual private wells identified in the Comprehensive Monitoring Plan Phase IV ter Quality Monitoring Work Plan required by Section 4(05). All private wells hall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and v latile organic compounds (MDH method 465C and EPA method 601, 602). (04) Modification. The testing programs specified in this Section 6 may be • modi ed by City staff if City staff reasonably determines there exists a need for additi nal wells to be tested or additional parameters to be analyzed, based upon water r air quality test results indicating the presence of contamination. 8.) Hydrogeologic Reports. The investigation of the hydrological and geoph sical characteristics of the site shall be continued and any other new info ation relating to the hydrogerlogic impact of the site shall be reported to the City. Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydro eologic investigation. Licensee shall notify City at least two (2) days in advan e of any soil boring or well construction required by this License. 9.) Dust,Noise, and Odor. Fugitive dust emissions off-site shall be controlled at the andfill Site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical . 16 whenever off-site dust levels become unreasonable as determined by the City • Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stock piles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution may not be exceeded by the Landfill operation, equipment,vehicles, or machinery. The Licensee shall take reasonable actions to control odors from the Landfill Site. 10.) Closure. Within six (6) months of a written demand by the City, and in no event later than one (1) year prior to the date projected for cessation of waste disposal, the Licensee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. • 11.) Insurance. The Licensee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Licensee, its agents and employees, and the City from claims for bodily injury, death, or property damage which may arise from the operations on the Landfill Site. The Licensee shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, [completed operations, explosion, collapse, underground operations], personal injury, and property damage with the following minimum limits: (a) Two Hundred Thousand Dollars ($200,000) One Million Dollars ($1,000,000)per claimant. (b) Six Hundred Thousand Dollars ($600,000) One Million Dollars ($1,000,000)per occurrence. (c) Six Hundred Thousand Dollars ($600,000) One Million • Dollars ($1,000,000) annual aggregate. 17 (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a Five Hundred Thousand Dollars ($500,000) One Million Dollars ($1,000,000) minimum limit. (03) The City may require additional insurance be provided by Licensee if market conditions change such that additional coverages become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection"economically practicable," "reasonably"and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12.) Bonding. (01) The Licensee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars ($300,000)to run continuously (annual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this License. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be • in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Licensee shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Licensee and shall constitute ground for immediate and automatic revocation of this License. Said bond shall provide that if the Licensee refuses to obey any of the requirements or to any of the acts required by this License or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore, repair, or clean up the Landfill Site to the condition and requirements required by law, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Licensee to comply with this License, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Licensee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City or County. (02) In the event this, or any subsequent license is revoked or the Licensee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent 18 jurisdiction, bankruptcy, insolvency, or abandonment,the Licensee shall • immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be approved by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Licensee fails to comply with the terms of this subparagraph (02), the City may, upon ninety (90) days' prior notice to the Licensee, enter onto the property and perform all such obligations, the costs of which shall be borne by the Licensee, or, in default thereof, by its surety. 13.) Applicability of License. This License shall apply to the entire Landfill Property. 14.) License Period. This renewed License shall be in force and effect until July March 20, 2000 2004. 15.) Violation of Conditions. If the Licensee or its successors or assigns violate any term or condition imposed by this License, this License may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is ground for revocation and termination of this License. The change, alteration, or amendment of any such statute, regulation, • ordinance, or license condition by any governmental authority other than the City shall not excuse the Licensee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this License unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 16.) Documents, Reports, and Maps. Copies of all documents, reports, • and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Licensee agrees to pay to the City upon the amendment and renewal of this License, $2,000. Thereafter, the Licensee shall pay the City an annual license fee of$2,000. 18.) On-Site Inspection. The City may inspect the Landfill and the Landfill Property for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an 11111 emergency. City personnel or agents performing the inspection will notify 19 personnel at the landfill office at the time of inspection. In case of emergency,the City will call John Kellas Debra Dehn to gain entry and • provide notice of the situation. Licensee shall promptly notify the City of any substitutions of persons to be so notified. The City shall be notified by the Licensee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this License. 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 Licensee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 19.) Indemnity. The Licensee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions legal and/or equitable arising from the operations on the Landfill Property. 20.) Worker's Compensation. The Licensee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 21.) Split Samples. The Licensee shall notify the City forty-eight (48) • hours before any sampling of groundwater or surface water and allow the City at its expense to obtain split samples of such waters. 22.) Right to Require Performance. The failure of the City, at any time, to require performance by the Licensee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Severability. If any provision of this License shall be declared void or unenforceable,the other provisions shall not be affected, but shall remain in full force and effect. 24.) Amendment. This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) Landfill Surcharge Fees. This License does not waive the City's right to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the 20 amount and type of solid waste disposed of in the landfill each day during • the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and Laws, Rules, Regulations, or Order of any other governmental authority, the Licensee shall promptly notify the City of such irreconcilable conflict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may grant or deny in its sole discretion, the terms of this License shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law. The City shall not unreasonably refuse to amend this License or waive compliance with this License in order to prevent violation of law. 27.) Modification, Suspension, or Revocation of License. The violation of any of the terms of this License is grounds for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the • Licensee agrees that this License may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this License, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the landfill places the public health, safety, or welfare, in jeopardy. Such information includes, but is not limited to the following: (01) A determination that (other than as indicated in the license application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety or general welfare. (02) A determination that(other than as indicated in the license application) standards for drinking water(whether promulgated as of the date of this License or at a later date by the United States Environmental Protection Agency, the Minnesota Department of Health,the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. • 21 • . .a (03) A determination that the emission of landfill gas on the Landfill Site is creating or threatens to create a safety hazard to the III community. Without limiting the foregoing,the City reserves the right to amend this icense to impose upon the Licensee the obligation to comply with any tate or federal law or regulation relating to the operation of sanitary andfills, whether or not said laws or regulations apply by their terms to reexisting landfills. Suspension, revocation, or amendment of this icense may be ordered only after a public hearing on such suspension, evocation, or amendment preceded by thirty (30) days' written notice to e Licensee or at the time of consideration of renewal of this License. otice of hearing shall include a statement of the proposed action by the ity and the reasons therefore. ATTES THE CITY OF ELK RIVER: By: Patrick b. Klaers Stephanie A. Klinzing City Administrator Its: Mayor ELK RIVER LANDFILL, INC. • By: John Kellas Debra Dehn Its: Site Manger THIS II`IISTRUMENT WAS DRAFTED BY: DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 THIS INSTRUMENT WAS AMENDED BY: The Building and Zoning Department of the City of Elk River 110 22 f ] CITY OF ELK RIVER • AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, made and entered into this day of , 2000 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Permittee), which is a subsidiary of Sanifill, Inc., a Texas corporation USA Waste of Minnesota. Inc., a Minnesota corporation, which is a wholly owned subsidiary of USA Waste Services, Inc., Waste Management, Inc. a Delaware corporation, provides as follows: WHEREAS, the Permittee owns the real properties described on Exhibit A • attached hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to January 20, 1987, and is currently operating a landfill at that location (the Landfill); and WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, 1987; and WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or conditional use in any zoning district within the City; and WHEREAS, Permittee's landfill operation on the Landfill Property was a nonconforming use prior to the adoption of the Amendment; and WHEREAS, the appropriate and lawful regulation of the use of land for landfill purposes within the City is a matter of important public need and interest; and WHEREAS, the residents of the City could be adversely affected by the • unregulated operation of the Landfill; and WHEREAS, the City rezoned the Landfill Property to SWF district and issued a Conditional Use Permit and Solid Waste Facility License for the Landfill i operation in October, 1988; and WHEREAS, the Permittee has applied for and on July 20, 1998 to the City approved an for amendment and renewal of the Solid Waste Facility License and has requested that the Conditional Use Permit be amended to permit construction of additional cells at the Landfill; and WHEREAS, the City Council has determined that for reasons related to public health, safety, and welfare the final elevation of the Landfill should be limited to no more than 1120 feet above Mean Sea Level (MSL); and WHEREAS, the permittee has agreed to a final elevation of no more than 1120 MSL; and WHEREAS, the Permittee has applied on January 21,1999 ("Permit Application" 9/99) to the City for amendment and renewal of the Solid Waste Facility License and Conditional Use Permit to permit the construction of additional cells at the Landfill; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Conditional Use Permit, at III which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications hereinafter stated, to wit:. 1.) Scope and Conduct of Landfill Operations. The operation of a solid waste landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County (the County), and the Minnesota Pollution Control Agency (MPCA); and in accordance with authorization and limitations contained in: (01) MPCA Solid Waste Permit No. 74 as modified and reissued in 1997 and which specifically authorizes Cells 12 and 13; (02) the current Sherburne County Solid Waste Landfill License of the Permittee; (03) the current City Solid Waste Facility License of the Permittee; and . (04) this Permit. • Landfill operations may be conducted on the Landfill Site only in accordance with the plans, descriptions and reports incorporated in said permits and licenses. Provided, however, that the entire Landfill shall have a final elevation of no more than 1120 feet above MSL based on 5H;1V slopes, and including final cover, as provided in the Long Term Development Plan submitted to the City dated March 1997, and as revised on April 15, 1997. Any changes made to the plans, descriptions, reports, permits and licenses, including MPCA Solid Waste Permit No. 74 and the County License, shall also be reviewed and approved, approved with modification, or disapproved by the City as described in the current License issued by the City. 2.) Scope and Conduct of Related Operations. (01) Recycling Center. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. • (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. (d) Permittee shall place appropriate signage on the Landfill property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff. (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as • approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. • (h) Permittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (02) Yard Waste Composting. The operation of a yard waste composting facility on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws, and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by Permittee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. • (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and /or compost may not be used as daily cover for the landfill. (i) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of sections 4, 6, and 7, and the requirements of sections 16 17 and 24 25 to make prompt payment of all fees and costs due to the City. No yard waste may be • accepted at the yard waste composting facility if this condition is not complied with. Permittee must immediately stop accepting yard . waste upon written notice from the City that there is a violation of this condition. (03) Demolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the demolition debris landfill shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. (b) The demolition debris landfill shall be located and operated as shown on the "Revised Demolition Fill Plan" - Final Grades, Sheet C-2," dated February 26, 1997 submitted by Permittee and approved by City staff; Permittee's Application for Permit Modification dated April 1998, and revised Application for Permit Modification dated June, 1998; and the conditions set forth in the June 8, 1998 letter to Permittee from the City, Sherburne County and Minnesota Pollution Control Agency. (c) Permittee shall provide an estimated development time line for the • demolition debris landfill, including an estimated closure time line, which shall be updated as appropriate. (d) Permittee shall pay the demolition debris surcharge authorized by Minn. Stat. § 115A.921, Subd. 2. The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of demolition debris disposed of each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit for the purposes of the related operations authorized by Section 2 of this Permit. (e) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of sections 4, 6, and 7; and the requirements of sections 16 17 and 24 25 to make prompt payment of all fees due to the City. No demolition debris may be • accepted at the demolition debris landfill if this condition is not complied with. Permittee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition. 411 (04) Other Related Operations. No other operations or activities, whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically allow such operations and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by City. 3.) Buffer Zone/Screening A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the north side. Within this Buffer Zone, no waste disposal may occur. Permittee shall place a six (6) foot high earth berm, landscaped with evergreen trees and protected from erosion within the Buffer Zone. Where the Buffer Zone contains heavily wooded areas, an exception to installing the berm and landscaping shall be allowed. A plan for establishment of the Buffer Zone shall be submitted to the City no later than July 1, 1997 for approval by City staff and shall be implemented as provided in the plan. The Landfill shall develop an inventory of significant trees within the buffer zone. The preservation of trees within the buffer zone shall be included in plans for construction, operation, and closure of the Landfill. Said plans shall be in compliance with the screening plans dated, May 28, 1999, which are incorporated into Sherburne County's license for the Landfill. • 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipes. Permittee shall verify to the City every four (4) years that the existing leachate transmission pipes do not leak. (02) Backup Leachate Pumps. Permittee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24- hour period. (03) Leachate Holding Tank. Permittee shall ensure that the leachate-holding tank is pumped out on a regular schedule. It shall be a violation of this Permit to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate-holding tank being full. (04) Gas Venting System. Permittee shall conduct active landfill gas venting in accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction. (05) Comprehensive Monitoring Plan Phase IV Water Quality Monitoring Work Plan. The Comprehensive Monitoring Plan Phase IV Water Quality . Monitoring Work Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, . leachate lysimeter, residential wells, groundwater monitoring wells and surface water shall be updated annually to reflect changes in the monitoring systems. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. The annual updates shall be approved by the City. (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill gas monitoring. Incorporate the evaluation in the MPCA Annual Report for the landfill. (07) VOC Remediation Feasibility Study. In accordance with MPCA Permit, Part III.C., Corrective Action, the Landfill will be allowed a three-year timeframe in which to demonstrate the effectiveness of landfill gas extraction system in reducing VOC contaminants in the groundwater. Sufficient water quality data, as determined by City Staff, shall be gathered to determine significant trends. If, as of March 1, 1999 2001, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend, the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility Study shall be submitted to City staff by June 1, 1999 2001. ID (08) VOC Remedial Action. If necessary, the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and operational by March 1, 2001 2003, unless good cause can be shown for a delay. (09) Heavy Metal Contaminant Monitoring and Assessment. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring to confirm exceedances and identify trends, the Landfill shall continue monitoring and prepare evaluation reports which shall be submitted with the MPCA Annual Reports. (10) Heavy Metal Contamination Feasibility Study. If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City staff on schedule determined by City staff. (11) Construction Quality Assurance Reports. A Construction Quality Assurance (CQA) Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover. The report shall demonstrate that • the work is completed to the plan specifications. The Report shall be certified by an engineer registered in the State of Minnesota and shall include but not be limited to: III (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; (c) Photo documentation of all critical aspects of construction; (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (f) As-built cross-sections of the liner sub grade; (g) As-built elevations for all pipe inlets and outlets and pump- on/pump-off controls; (h) Completed manufacturer warranties; (i) All physical testing results. (12) Permittee shall notify the City at least two (2) days in advance of liner • barrier layer installation or final cover barrier layer installation. The Permittee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Permittee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work which is covered or otherwise obscured prior to City inspection, to be re-excavated for City Inspection. (13) Temporary Fencing - On-Site Litter Control. Litter control fences shall be maintained around the working area(s) of the Landfill to prevent the blowing of paper or other litter on or off site. The Permittee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (14) Permanent Fencing. The Permittee shall maintain a minimum six-foot high fence around the perimeter of the site if and when necessary, based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (15) Public Information. The Permittee shall maintain a sign at the entrance to • the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for • disposal. (16) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (17) Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (18) Fire Fighting. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus purchased for the City Fire Department shall be available at the Fire Department for use by permittee on a temporary basis, as approved by the Fire Chief. Permittee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. (19) Safety Equipment. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. • (20) Water. A potable water supply shall be available for site personnel. (21) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations. (22) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property. (23) Communication. Adequate communication facilities shall be provided for emergency purposes. (24) Security. A gate shall be provided at the entrance to the site and kept locked when an attendant is not on dut (25) Haul Roads. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the access roads from T.H. 169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce dust generation. (26) Adequate Equipment. Adequate equipment shall be supplied capable of • spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied. • (27) Information Display. Subject to approval by the City Council the Permittee shall maintain at each entrance to the Landfill Property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency Permit number and the penalty for nonconforming dumping. (28) Small-Load Dumping Site. The Permittee shall, during all hours of operation maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers from May 1 to October 31 each year. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. (29) Oak Wilt Prevention. As a method to prevent oak wilt, Permittee shall not conduct any tree removal operations at the landfill Property between April 15 and July 15 each year. In addition, oak stumps shall be removed prior to April 15 each year. When removing trees and stumps, Permittee shall prevent damage to remaining trees. (30) Leachate Recirculation. The City's approval of leachate recirculation is contingent on approval by MPCA. Remedies for problems arising from • leachate recirculation include, but are not limited to, the cessation of leachate recirculation and reverting back to traditional leachate treatment. (31) Cells 14 through 17. The City's approval of cells 14 through 17 is contingent on City Staffs review and approval of the specific construction details. 3H to 1V side slopes for these cells is contingent on MPCA's approval. (32) End Use Plan. The Landfill shall submit an End Use Plan to the City as part of their next renewal of this permit in 2004. 5.) Off-Site Litter Control. The Permittee shall engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Litter shall be removed from these areas not less than once per week and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Landfill. In addition, Permittee shall inspect all trucks leaving the Landfill 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. In the event that Permittee fails to remove litter within forty-eight (48) 0 hours of notice of accumulation of litter by the City, the City may cause such • litter to be removed. The City shall bill the cost of such removal to the Permittee, which shall remit payment within thirty (30) days of the date of such billing. 6.) Hours of operation. The landfill shall not be operated between 7:00 p.m. and 6:00 a.m. The landfill may accept waste during off hours only under the following circumstances: (a) The wastes have been tested and approved for disposal; (b) Acceptance is necessary during off hours because of extraordinary circumstances; (c) Each instance of off hour acceptance has received the prior approval of the City Building and Zoning Administrator and such approval was granted during City business hours; and (d) Each instance of off hour acceptance is documented in a letter sent by the Landfill to the Building and Zoning Administrator within five business days of the instance of off hour acceptance. 7.) Site Environmental Monitoring. • (01) On-site Groundwater. The Permittee shall perform on-site water quality testing at the monitoring wells in the manner required by the MPCA permit. The wells shall meet current Department of Health Well Code Standards. The Water Quality Report shall be submitted to the City when it is submitted to the MPCA. (02) Surface Water Quality. The Permittee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Permittee shall annually sample the individual private wells identified in the Comprehensive Monitoring Plan Phase IV Water Quality Monitoring Work Plan required by section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (MDH method 465C and EPA method 601, 602). (04) Modification. The testing programs specified in this Section 6 7 may be modified by City staff if City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. 8.) Hydrogeologic Reports. The investigation of the hydrological and • geophysical characteristics of the site shall be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City . Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued • hydrogeologic investigation. The Permittee shall also notify City at least two (2) days in advance of any soil boring or well construction required by this Permit. 9.) Dust, Noise, and Odor. Fugitive dust emissions off-site shall be controlled at the Landfill site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical whenever off-site dust levels become unreasonable as determined by the City Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stockpiles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution shall not be exceeded by the Landfill operation, equipment, vehicles, or machinery. The Permittee shall take reasonable actions to control odors from the • Landfill Site. 10.) Closure. Within six (6) months of a written demand by the City, but in no event later than one (1) year prior to the date projected for cessation of landfill operations, the Permittee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. 11.) Insurance. The Permittee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Permittee, its agents and employees, and the City from claims for bodily injury, death, or property damage which may arise from the operations on the Landfill Site. The Permittee shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, personal injury, and property damage: (a) $200,000 $1,000,000 per claimant 411 • (b) $600,000 $1,000,000 per occurrence (c) $600,000 $1,000,000 annual aggregate (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a $500,000 $1,000,000 minimum limit. (03) The City may require additional insurance be provided by the Permittee if market conditions change such that additional coverage become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection "economically practicable," "reasonably" and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 12.) Bonding (01) The Permittee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this Conditional Use Permit. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Permittee shall . renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Permittee and shall constitute ground for immediate and automatic revocation of this Permit. Said bond shall provide that if the Permittee refuses to obey any of these requirements or to any of the acts required by this Conditional Use Permit or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore the Landfill Site to the condition and requirements required by this Conditional Use Permit, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Permittee to comply with this Permit, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Permittee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either • or both the City or County. • (02) In the event this, or any subsequent permit is revoked or the • Permittee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Permittee shall immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be approved by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Permittee fails to comply with the terms of this subparagraph (02), the City may, upon ninety (90) days' prior notice to the Permittee, enter into the property and perform all such obligations, the cost of which shall be borne by the Permittee, or, in default thereof, by its surety. 13.) Applicability of Conditional Use Permit. This Permit shall apply to the entire Landfill Property. This Conditional Use Permit shall run with the real property and apply to the Permittee, its successors, and assigns. 14.) Permit Period. This Permit shall be in force and effect until July March 20, 2000 2004 or until the Landfill operations authorized herein are completed and the Landfill is closed in compliance with the closure plan, whichever comes first. 15.) Violation of Conditions. If the Permittee or its successors or assigns • violates any term or condition imposed by this Conditional Use Permit, or any solid waste facilities license issued for operation of the Landfill, this Conditional Use Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, or permit condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this Permit unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 16.) Documents, Reports, and Maps. Copies of all documents, reports, and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Permittee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this Conditional Use Permit, as follows: (01) Permittee shall pay one hundred percent (100%) of the City's costs • for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as "co-disposal" approvals, etc. 18.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. 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. 19.) Indemnity. The Permittee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising from the operations on the Landfill Site. 20.) Workers Compensation. The Permittee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 21.) Split Samples. The Permittee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the city to obtain split samples of such waters. • 22.) Right to Require Performance. The failure of the City, at any time, to require performance by the Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver • of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Severability. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 24.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) Landfill Surcharge Fees. This Permit does not waive the City's right to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge shall be paid directly to the City on a monthly basis, and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the landfill each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit for the purposes of the related operations authorized by Section 2 of this Permit. 26.) Conflicts. In any cases in which the Permittee believes there is an1111 irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Order of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as the City acts upon a request for an amendment to this Conditional Use Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 27.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms of this Permit is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Permittee agrees that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the . following: • (01) A determination the (other than as indicated in the permit application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare. (02) A determination that (other than as indicated in the permit application) standard recommended health advisory levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. (03) A determination that the emission of landfill gas on or adjacent to the Landfill Site is creating or threatens to create a health or safety hazard to the community. Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon the permittee the obligation to comply with any state or federal law • or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Conditional Use Permit may be ordered only after a public hearing on such suspension, revocation, or amendment, preceded by thirty (30) days' written notice to the Permittee, or at the time of consideration of renewal of this Permit. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore. Dated: ATTEST: THE CITY OF ELK RIVER: By: Stephanie Klinzing Its: Mayor ELK RIVER LANDFILL, INC. By: John Kellas Debra Dehn • Its: Site Manager STATE OF MINNESOTA ) ss. • COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2000, by Stephanie Klinzing, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2000, by Patrick D. Klaers, the City Administrator of the City of Elk River, on behalf of the City of Elk River. Nortary Public • STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of , 2000, by John Kellas Debra Dehn, the Site Manager of Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: THIS INSTRUMENT WAS MODIFIED BY: DOHERTY, RUMBLE & BUTLER The Building and Zoning Department PROFESSIONAL ASSOCIATION of the City of Elk River 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 • . EXHIBIT A PARCEL B That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, described as follows: Commencing at the point of intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right-of-way of U.S. Highway No. 169; thence Southerly along said right-of-way, to intersect a line parallel with and 470 feet South of, as measured at right angles to, said North line of the Northeast Quarter of the Northwest Quarter said point of intersection being the actual point of beginning of the land to be described; thence west along said parallel line a distance of 558 feet; thence south at a right angle to intersect the south line of the said Northeast Quarter of the Northwest Quarter; thence East along said South line to intersect the said Westerly line of the highway right-of-way; thence Northerly along said highway right-of-way to the point of beginning, Sherburne County, Minnesota. PARCEL C • The North 525 feet of the West Half of the Southwest Quarter of Section 3, Township 33, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. AND The North 525 feet of that part of the Northeast Quarter of Southeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, AND that part of the East Half of the Northeast Quarter of Section 4, Township 33, Range 26, lying East of the Great Northern Railway, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. EXHIBIT A • PARCEL E That part of the North half of the Northwest Quarter of Section 3, Township 33, Range 26 lying Westerly of the following described real estate, to wit: Commencing at a point on the North line of the said North Half of the Northwest Quarter 650 feet distant West of the intersection thereof with the Westerly right of way line of U.S. Highway No. 169 as presently located and established; thence South and parallel with the West line of the said North Half of the Northwest Quarter to the South line thereof and there terminating, excepting therefrom the South 33 feet thereof, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. PARCEL F The Northwest Quarter of the Northwest Quarter of Section 3, Township 33 North, Range 26 West; and That part of the South Half of the Northwest Quarter lying West of U.S. Highway No. 169, and the Northerly 525 feet of that part of the East Half of the Southwest Quarter lying West of U.S. Highway No. 169, all in Section 3, Township 33 North, Range 26 West, according to the United States Government Survey • thereof and situate in Sherburne County, Minnesota. PARCEL H The West 92.70 feet of the North 470 feet of that part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying east of a line described as Beginning at a point on the North line of said Northeast Quarter of the Northwest Quarter a distance of 650 feet west of the intersection of said North line with the Westerly right-of-way line of U.S. Highway No. 169; thence south parallel with the West line of the North Half of the Northwest Quarter to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. PARCEL I That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 33, Range 26, Sherburne County, Minnesota, lying south of the South line of the North 470 feet, as measured at right angles, thereof and lying west of the following described line: Commencing at the point of intersection of the North line of said Northeast Quarter of the Northwest Quarter with the Westerly line of the right-of-way of U.S. Highway No. 169; thence southerly along said highway right-of-way to intersect a line parallel with and 470 feet South of, as • measured at right angles to, said North line of the Northeast Quarter of the • Northwest Quarter; thence West along said parallel line a distance of 558 feet to the actual Point of Beginning of the line to be hereby described; thence South at right angles to intersect the South line of said Northeast Quarter of the Northwest Quarter and there terminating. • •