4.3. SR 10-07-2019 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
Consent October 7, 2019 Amanda Bednar,Environmental Coordinator
Item Description Reviewed by
Elk River Landfill License Renewal Suzanne Fischer, Community Development
Director
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, the Solid Waste Facility License for Waste Management Elk River Landfill.
Background/Discussion
Waste Management is required to obtain license for operation every two years for Elk River Landfill.
The applicant is not proposing any changes to the current operation or changes to their CUP. Minor
changes to the license include the revised expiration date, updated contact information, temporary final
cover information and removal of outdated information.
Financial Impact
None
Attachments
■ 2019 Elk River Landfill License Agreement
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAMIRE1
CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
THIS LICENSE, approved this 7th day of October, 2019 and effective as
provided herein, issued by the CITY OF ELK RIVER, a Minnesota municipal
corporation (the “City”), and accepted and agreed to by ELK RIVER LANDFILL, INC.,
a Minnesota corporation (the “Licensee”), which is a wholly owned subsidiary of Waste
Management of Minnesota Inc., a Delaware Corporation.
WHEREAS, Licensee made application to the City in 1988 for the issuance of a
solid waste facilities license, pursuant to the Elk River Code of Ordinances, for the
operation of a mixed municipal solid waste (“MSW”) sanitary landfill (the “Landfill”) in
the City; and
WHEREAS, the City Council directed the issuance of a solid waste facilities
license (the “Existing License”) to Licensee conditioned upon compliance with the
conditions set forth in the October 3, 1988 License Agreement; and
WHEREAS, the Existing License has subsequently been amended and renewed,
with the most recent renewal occurring on November 2, 2017; and
WHEREAS, Licensee applied on September 19, 2013 for an amended solid waste
facility license for the Landfill; and
WHEREAS, the City Council of the City of Elk River has held a hearing on the
proposed amended solid waste facility license, at which hearing all citizens of the City of
Elk River and other interested persons had the opportunity to be heard, following
published notice of the hearing.
NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts,
an amended solid waste facilities license (the “Licensee”) for the operation of the
Landfill and related activities on the real property described on Exhibit A attached hereto
(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 of the Landfill, to whom communications concerning this License should be
addressed, is Mike Niewind, District Manager of Elk River Landfill, Inc. (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 Waste Management of Minnesota, Inc, a Delaware corporation,
whose address is 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:
2
Bob Pliska, District Engineer
22460 Highway 169 NW
Elk River, MN 55330
Work: 952-656-7283, fax: 441-2025
Mobile(612) 239-7779
Mike Niewind
District Manager
Waste Management of Minnesota, Inc.
22460 Highway 169 NW
Elk River, MN 55330
(W) (952) 656-7283
(C) (218) 770-5799
2.) Applicability of License. This License shall apply to the property
described on Exhibit A attached hereto.
3.) License Period. This License shall take effect on the date that Licensee’s
CUP to expand the Landfill, approved on September 19, 2011, takes effect, and shall be
in force and effect until November 2, 2021, unless earlier suspended or revoked as
provided herein. This License shall automatically terminate if Licensee’s conditional use
permit to operate the Landfill is revoked.
4.) Scope and Conduct of Landfill Operations. The operation of a solid waste
sanitary landfill may be conducted on the Landfill Property in conformance with the
existing and future statutory and regulatory authority and requirements of the City,
Sherburne County (the “County”) and the Minnesota Pollution Control Agency (the
“MPCA”), and in accordance with the authorization and limitations contained in this
License and:
(01) the amended conditional use permit for the Landfill (the “CUP”) approved
by the City on September 19, 2011. This License shall be valid only for so long as
the CUP is valid and in effect.
(02) the current MPCA Solid Waste Permit No. 74 (the “State License”), issued to
Licensee.
(03) the current Sherburne County Solid Waste Landfill License (the “County
License”) issued to Licensee.
(04) “MSW Operations Manual”, September 1999, revised June 2001, February
2004, March 2012 as it applies to the Landfill Property described on Exhibit A.
(05) “Household Hazardous Waste Management Plan”, June 15, 1992, revised
March 2012.
3
(06) NSPS Design Plan, May 2012 and Title V Air Permit, November 29, 2012 as
updated/revised as it applies to the Landfill Property described on Exhibit A.
(07) “Leachate Recirculation Permit Application”, July 2009 , revised March
2012 as it applies to the Landfill Property described on Exhibit A.
(08) Closure, Postclosure and Contingency Action Plan for the MSW Area”,
February 2004, revised March 2012 as updated/revised, as it applies to the
Landfill Property described on Exhibit A.
(09) “Stormwater Pollution Prevention Plan”, May 2010 or as updated/revised.
(10) “Construction Quality Assurance Program”, February 2004, , revised March
2012 as it applies to the Landfill Property described on Exhibit A.
(11) “Sampling and Analysis Plan”, March 2017, revised March 30, 2018 or as
updated/modified.
(12) “2018 Annual Report”, January 2019 or as updated annually.
(13) “2018 Water Quality Report”, January 2019 or as updated annually.
(14) “Long-Term Development Plan”, March 1997, and as revised on
April 15, 1997 to include a maximum final elevation of 1120 feet MSL.
(15) “Industrial Solid Waste Management Plan”, April 2008, Revised June 2014,
as it applies to the Landfill Property described on Exhibit A.
(16) “Landscaping Plans”, September 24, 2012 as prepared by Stantec
(17) “Section 329300, Trees, Shrubs, Perennials - Technical Specifications” 2012
as prepared by Stantec.
(18) “Work Plan for Additional Groundwater Investigation”, April 2015 or as
updated/revised.
(19) “Supplemental Site-Wide Hydrogeologic Evaluation Report”, June 2015.
Any changes made to the above described plans, reports, MPCA Solid Waste
Permit No. 74 and for 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 Council. The City may not unreasonably disapprove or unreasonably require
modifications. The City may also make reasonable modifications to the conditions
4
of the License based upon a submittal from the Licensee. The City shall respond
to Licensee submittals on a timely basis, which shall be no later than formal
MPCA time lines for review and comment for concurrent submittals.
5.) 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) 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.
(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, by
licensed contractor.
(02) Yard Waste Composting. The operation of a yard waste composting
facility on the Landfill Property within the City limits may be conducted, if in
5
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.
(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) Methane Gas Plant. Upon an application from the Licensee, this License
may be amended by the City to provide for the development and operation of a
second methane gas plant on the Landfill Property.
6
(04) Household Hazardous Waste (HHW) Drop-Off Facility. Upon an
application from the Licensee, this License may be amended by the City to
provide for the development and operation of a HHW drop facility on the Landfill
Property.
(05) Other Related Operations. Other than currently-existing operations and
future government-directed corrective actions on the Landfill Property, 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.
No Landfill-related operations or activities shall occur outside of the Landfill
Property, other than the monitoring wells and surface water management
infrastructure identified on Exhibit B, attached hereto.
6.) Charges and Fees.
(01) Expansion Fee. Licensee shall pay the City the Expansion Fee as
provided for in the CUP approved on September 19, 2011.
(02) Annual Fee. Licensee agrees to pay the City upon the amendment and
renewal of this License, $2,000. Thereafter, Licensee shall pay the City an annual
License Fee of $2,000.
(03) Charges. Licensee agrees to pay to the City the City’s reasonable costs for
administering, enforcing, modifying and amending this License as follows:
(a) Licensee shall pay one hundred percent (100%) of the City’s costs
for processing renewals, amendments or proposed amendments to
this License;
(b) Licensee shall pay one hundred percent (100%) of the City’s costs
for administering and enforcing the terms of this License,
including costs for reviewing Licensee’s compliance with the
terms and conditions of this License, costs for bringing Licensee
into compliance with the terms and conditions of this License
(including legal costs); and City costs incurred for review of
Licensee initiated requests such as “co-disposal” approvals, etc.
(c) Licensee and the City agree that, on an annual basis, they will
work together to establish an annual budget reflecting, for the
upcoming year, both (A) anticipated renewals, amendments or
proposed amendments to Licensee’s Conditional Use Permit
(“CUP”) or to this License, and other anticipated occasions for the
administration or enforcement of the terms of the CUP or this
7
License, and (B) the anticipated costs to the City that would arise
from those activities. Licensee agrees to maintain an escrow for
the budgeted year based upon that budget. Both the budgeted
amount, and the size of the escrow, are subject to change based on
circumstances that were not anticipated by the parties at the time of
budgeting, including but not limited to the costs of responding to
incidents, or otherwise by agreement of the parties.
7.) Buffering and Screening. Licensee shall provide buffering and screening
as detailed in the “Landscaping Plans”, September 24, 2012 as prepared by
Stantec. A record drawing must be prepared by the Landfill which shows the
current plantings in comparison to the approved plans. The record drawing must
be updated with each new phase of plantings. Plantings indicated by the approved
plans which have died must be replaced on a timely basis.
8.) Closure and End Use Plan. Prior to closure of the Landfill, City and
Licensee will attempt in good faith to mutually determine an appropriate end use
for the portion of the Landfill within City and decide whether an end use plan will
be required to implement this use. In the interim, Licensee will establish and
maintain sustained vegetative growth and adequate vegetation cover upon the
closure of each phase of the Landfill. This Permit does not obligate the Licensee
to apply for or City to approve of a particular end use plan.
9.) Specific Additional Requirements.
(01) Leachate and LFG Condensate Transmission Pipes. Leachate and LFG
condensate transmission pipes shall be designed to ensure that double
containment and adequate leak detection exists as approved by the MPCA,
County and City. 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 leachate sump, wet well and/or leachate storage
tank on-site. As an alternative, the licensee shall maintain provisions for restoring
temporary leachate pumping within a 24-hour period and adhere to the current
“Leachate Management Plan” as approved by MPCA.
(03) Leachate Holding Tank. Licensee shall ensure that the leachate holding
tank is pumped out on a regular schedule. It is 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) Leachate Recirculation. The Licensee may conduct Leachate
Recirculation pursuant to MPCA, County and City regulations. In the event that
operational problems occur from the leachate recirculation, the Licensee shall
immediately cease leachate recirculation and revert to prior method of leachate
8
management unless and until another remedy for the problem is approved by the
City. Leachate recirculation will greatly increase the amount of landfill gas that
will be generated from the landfill. The primary concerns relate to landfill gas
collection and the prevention of fugitive gas emissions and odors.
(a) Temporary final cover is proposed as an element of the March
2012 “Leachate Recirculation Plan. ERL shall implement
temporary final cover for cells 15 -20 where practical to reduce the
generation of landfill leachate and maximize the collection of
landfill gas.
(b) ERL shall conduct active landfill gas extraction from liner belly
pipe and perforated sections of cleanout risers along a portion of
the sideslope.
(c) ERL shall identify and document the precise location of seeps.
This information is critical in potential problem resolution during
later stages of landfill operation and post-closure. The
documentation of the seeps must include an approximate
coordinate position with an elevation.
(d) Leachate head shall not exceed a maximum of 12 inches for any
area of the liner. The Landfill shall monitor leachate head levels
weekly if leachate recirculation is occurring and monthly during
typical operations. The leachate head level data shall be submitted
to the City annually.
(e) Elk River landfill has submitted a (NOI) Notice of Intent to
Recirculate Leachate by surface application on March 31, 2015,
which is be incorporated into this license.
(05) Gas Collection and Monitoring System. Licensee shall conduct active
landfill gas collection in accordance with approved plans and shall construct
additional phases of the active gas control system during site operation and at the
time of final cover construction. Optimal gas collection system design and
operation is necessary to control and reduce the impact of gas emissions and
odors from the Site.
(a) Operation of the Active Gas Collection System shall be managed
to mitigate landfill gas migration and ongoing ground water
contamination from the unlined portion of the Landfill.
(b) ERL must collect and report landfill gas concentration and
pressure for each probe where detectable levels of landfill gas are
present. ERL must also collect temperature and barometric
pressure for the site at the time of the monitoring event and the two
previous 24-hour periods. All gas probe monitoring data must be
fully evaluated in the annual operating report.
9
(c) If ambient concentrations of landfill gas identified during the
NSPS surface scans exceed 500 ppm explosive gas (calibrated to
methane), corrective actions are required to amend the landfill
cover to mitigate fugitive emissions. This requirement is important
in identifying fugitive gas emissions/odors and ensuring that site
conditions are corrected to mitigate their effects.
(06) Sampling and Analysis Plan. The Sampling and Analysis Plan, which
describes the sampling frequency, parameters, protocols and reporting frequency
for landfill gas, leachate, leachate piezometers, leachate lysimeters, residential
wells and groundwater monitoring wells shall be assessed annually to reflect
changes in the monitoring systems. The Plan shall yield adequate information for
assessing the effectiveness of the landfill gas control system in decreasing VOC
contaminants in the groundwater. The proposed compliance boundary within the
Plan is not approved because it incorporates City property inside the compliance
boundary. The compliance boundary will be limited to the Landfill Property.
Corrective actions (potentially associated with contaminant migration) on City
property, which potentially limit the use of City property, are not allowed.
(07) Annual Operating Report. An Annual Operating Report shall be submitted
with the following supplemental items.
(a) Annual Waste Disposal Volume.
(b) Schedule of construction activities for the forthcoming year.
(c) Type and Quantity of Material Disposed.
(d) Remaining permitted capacity
(e) Updated, high resolution, contour map which indicates the
elevations of all fill areas
(f) Assessment of the Financial Assurances Plan.
(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.
(j) Assessment of the effectiveness of active landfill gas control
operations based on the results of groundwater and landfill gas
10
monitoring and incorporate the evaluation in the MPCA Annual
Report for the landfill.
(k) A high resolution engineering plan to fully illustrate all facility
features reviewed in the annual report (landfill gas probes,
monitoring wells, gas collection infrastructure, leachate
recirculation infrastructure, etc.). The Plan must identify permitted
and remaining volumes
(l) Information concerning the pressure jetting of the leachate
collection system. ERL must provide a discussion of any major
maintenance activities or corrective actions performed in the
Annual Report.
(m) A list of rejected waste loads and summary with the Annual
Operating Report. A summary and analysis of random load
inspections must be provided with the Annual Operating Report.
(08) Construction Quality Assurance
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. A CQA
report shall also be submitted for installation of leachate recirculation drainfield
areas to document position within the cell, suitable base contours and piping
elevations. The report shall demonstrate that the work was 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:
(a) All relevant construction specifications;
(b) All shop drawings for prefabricated components;
(c) Photo documentation of all critical aspects of construction;
(d) Pressure testing results for leachate 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;
11
(i) All physical testing results for soils and other materials used in the
construction
ERL must prepare detailed record drawings/documents of recirculation
drainfield construction, which are certified by an engineer. The drawings will
include survey measurements of the drainfield areas to document position within
the cell, suitable base contours and piping elevations. All construction must be
fully documented.
(9) Barrier Layer Construction Notification. 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.
(10) 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.
(11) Permanent Fencing. Licensee shall maintain a minimum six-foot high
fence around the perimeter of the Landfill property to address reasonable
concerns regarding public safety, trespassing or uncontrolled dumping.
(12) Sanitary Facilities. Adequate sanitary facilities and shelter shall be
provided for site personnel.
(13) Electrical Service. Adequate electrical service shall be provided at the site
for operations and repairs.
(14) 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.
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.
(15) 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.
(16) Water. A potable water supply shall be available for site personnel.
12
(17) Storage. Adequate on-site shelter shall be provided for maintenance and
storage sufficient to supply the equipment required by this section, during cold
weather operations.
(18) 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.
(19) Communication. Adequate communication facilities shall be provided for
emergency purposes.
(20) Security. A gate shall be provided at the entrance to the site and kept
locked when an attendant is not on duty.
(21) Haul Roads. All-weather haul roads shall be provided to the unloading
area and maintained to prevent the occurrence of fugitive dust conditions.
(22) 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.
(23) Information Display. Subject to approval by the City Council, the
Licensee 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 a description in common terms of the substances which may be
disposed at the Landfill and those substances which may not be accepted for
disposal and the penalties for nonconforming dumping.
(24) 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. 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.
(25) 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.
(26) Alternative Cover. “Alternative Cover” shall be defined as any suitable
clean cover material other than Clean Earth Fill. Alternative intermittent and
intermediate cover material may be used if such cover material is suitable for
compaction, capable of supporting vegetation, and meets MPCA standards set
13
forth in MN Rule 7035.2815, subpart 6, and Elk River Landfill’s Industrial Waste
Management Plan.
(27) Detailed Engineering Plans for Site Construction. Detailed engineering
plans and specification for construction of liner, final cover, surface water, landfill
gas features, leachate management and other significant site
improvements/infrastructure shall be provided to the City prior to initiating the
work. Proposed modifications to the approved plans shall be identified by the
Licensee in a detailed narrative and approved by the City prior to initiating work.
(a) Prior to construction approval of the final development of the site
(cell 20), ERL shall provide an appropriate earthwork balance for
construction and operation such that the amount of fill imported
into the site is minimized to the extent possible.
(b) ERL must provide details which show the transition from the
buried pipe to the ground surface at the edge of the liner system
and frost protection in areas where the depth of burial for leachate
forcemain piping is less than standard.
(c) The mining access road within the west buffer area and cells 18, 19
and 20 shall be constructed with the alignment shown in the
August 18, 2011 plans Appropriate erosion control protection shall
be provided for all buffer area slopes.
(g) The current storm water plans that were submitted as Engineering
Drawings-Design Plans, March, 2012 must be amended as needed
to include provisions for erosion control in perimeter surface water
channels. Rip rap and/or erosion control matting must to be added
based on potential flow velocities for design storm events. Future
construction plans will reflect the additional provisions for erosion
control.
10.) Off-Site Litter Control. The Licensee shall engage in a regular and routine
litter maintenance and removal program extending one 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.
14
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.
11). General Performance Standards. The Licensee shall comply with the
following performance standards and operating requirements:
(01) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of
in the Landfill.
(02) Industrial Wastes. No industrial Wastes (defined as “Industrial Waste” in
the Code of Ordinances for the City of Elk River) shall be disposed at the Landfill
until a request to dispose of industrial 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 industrial
wastes is rejected by the City Environmental Coordinator, or the City’s authorized
consultant/agent, the industrial wastes may not be disposed at the Landfill.
Licensee may propose advance approval of proposed disposal of industrial wastes
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
dispose of industrial wastes, shall be submitted in the form required by the City.
The City may deny permission to dispose of industrial 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
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
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”, April 2008,
revised June 2014, or as updated/revised shall be complied with in all respects,
subject to specific requirements of this License, and may not be modified or
amended without the City’s prior written approval.
15
(03) Incorporation of State Standards. The Landfill shall comply with the
required practices for maintenance and operation of landfills set forth in
Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and
7035.0300 to 7035.2875. Changes or additions to the Minnesota Rules related to
the Landfill are likewise incorporated.
(04) Compliance With Zoning Ordinance Performance Standards. The
operation of the Landfill shall fully comply with the performance standards and
other requirements of Chapter 30 of the Elk River City Code, including
specifically Division 5, Subdivision V 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 Expansion Fees required by Section 5 of
the CUP approved September 19, 2011. 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.
16
(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:
(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 Environmental 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 City Environmental Administrator within
five business days of the instance off hour acceptance.
12.) Environmental Monitoring.
(01) 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 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.
Groundwater levels for well P310C have consistently shown elevations
which are 3-5 feet higher than expected. ERL must continue to evaluate the
significance of elevated water levels. New monitoring well(s) may be needed in
the vicinity of P310C to ensure complete downgradient detection of contaminants.
(03) Off-Site Groundwater Quality. The Licensee shall annually sample the
individual private wells identified in the Sampling and Analysis Plan required by
Section 4 (11). Monitoring wells and piezometers shall be sampled and analyzed
in accordance with the Sampling and Analysis Plan.
(04) Lysimeters. The sampling and contingency action protocols for liner leaks
shall be as outlined in the Phase IV Water Quality Monitoring Work Plan,
revision #3 dated February 2003 as updated/revised.
(05) Modification. The testing programs specified in this Section 12 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.
(06) Split Samples. The Licensee shall notify the City forty-eight (48) hours
before sampling of groundwater or surface water and allow the City at its expense
to obtain split samples of such waters.
17
13.) Hydrogeologic Investigation. 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. Licensee shall notify City at least two (2) days in
advance of any soil boring or well construction required by this License.
Future site investigation and monitoring must be conducted in the vicinity
of P334L and other areas , southwest of the waste fill limits. This work must
focus on evaluating the deeper outwash as the observed predominant pathway for
contamination migration in the area of the Site.
14.) 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
Environmental 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 may not be exceeded
by the Landfill operation, equipment, vehicles, or machinery.
Licensee agrees that it will use best management practices to control against
odors. The Environmental Administrator may make recommendations regarding
possible odor controls. If a verified odor problem is ongoing, both parties agree
to institute good faith negotiations to minimize the odor problem. If in the event
that the City receives ten or more complaints within a six-hour period relating to a
single odor description and this odor complaint has been verified by both City and
Licensee and identified as coming from the Facility, the Licensee shall cease such
activity(s) that are the direct cause of the odor(s). Normal activity(s) shall not
resume until the Licensee has, to the satisfaction of the City, fully mitigated
against such odor(s).
18
15.) 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 coverage 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) One Million Dollars ($1,000,000) per claimant.
(b) One Million Dollars ($1,000,000) per occurrence.
(c) One Million Dollars ($1,000,000) annual aggregate.
(02) Automobile and truck public liability, personal injury, and property
damage, including owned and non-owned vehicles with a 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 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 coverage affected by the Minnesota Joint
Underwriters Association or the readily available private insurance
market.
16.) 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
19
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 and 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
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.
17.) 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.
18.) Documents, Reports, and Maps. Electronic copies of Licensee’s
transmittals to the MPCA or to Sherburne County regarding the Landfill shall
also be supplied to the City, at the same time.
20
19.) On-Site Inspection. The City may inspect the Landfill and the Landfill
Property for the purposes of examining and copying non confidential 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 emergency. City personnel or agents performing the inspection
will notify personnel at the landfill office at the time of inspection. In case of
emergency, the City will call Jim Hamann (or current District Manager) 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.
20.) 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. In the event that such claim,
demand, or action arises from the negligence of the City, then Licensee’s
indemnification obligation shall be reduced in proportion to the City’s negligence
as determined by a trier of fact. Nothing in this provision shall constitute a
waiver of defenses or immunities of Licensee or the City, or create any duty to
any third party.
21.) 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.
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.
21
25.) Transferability. Transfer of this License to any entity not a wholly owned
subsidiary of Licensee or Waste Management, Inc. shall require approval of the
City.
26.) Conflicts. In any cases in which the Licensee believes there is an
irreconcilable conflict between the requirements of this License and the 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. Violation of any term
of this License may result in 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.
(03) A determination that the emission of landfill gas on the
Landfill Site is creating or threatens to create a safety hazard to the
community.
22
Without limiting the foregoing, the City reserves the right to amend this
License to impose upon the Licensee 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
License may be ordered only after a public hearing on such suspension,
revocation, or amendment preceded by thirty (30) days’ written notice to
the Licensee or at the time of consideration of renewal of this License.
Notice of hearing shall include a statement of the proposed action by the
City and the reasons therefor.
ATTEST: THE CITY OF ELK RIVER:
__________________________ By: __________________________
Tina Allard John J. Dietz
City Clerk Its: Mayor
Accepted and agreed to by:
ELK RIVER LANDFILL, INC.
By: __________________________
Thomas Beaulieu
Its: President
STATE OF MINNESOTA )
ss
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this ____ day of
______________, 2019, by John J. Dietz, the Mayor of the City of Elk River, on behalf
of the City of Elk River.
___________________________________
Notary Public
23
STATE OF MINNESOTA )
ss
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _____ day of
___________, 2019, by Tina Allard, the City Clerk 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
___________________, 2019, by Thomas Beaulieu, President, Elk River Landfill, Inc., a
Minnesota corporation, on behalf of the corporation.
____________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett
500 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
Briggs & Morgan
2200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
GP:3039208 v2