Loading...
87-009 RES . . . . , RESOLUTION NO. 87-9 RESOLUTION GRANTING SOLID WASTE FACILITY LICENSE TO NORTHERN STATES POWER COMPANY FOR THE ESTABLISHMENT AND OPERATION OF A WASTE PROCESSING FACILITY WHEREAS, Northern States Power Company (NSP) has made application for a Solid Waste Facility License (the License) under the provisions of Section 604 of the City Code to allow the establishment and operation of a Waste Processing Facility (the Facility) on the property legally described as: The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SE1/4) of Section 11, Township 32, Range 26, according to Government Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record; and WHEREAS, the City Council has considered, in light of the criteria set forth in Section 604 of the City Code: 1 . All of the facts, reasons, and opinions provided to it during numerous public hearings and informational meetings on NSP's application for a Solid Waste Facility License and on NSP's related application for a conditional use permit for the Facility, the minutes of which are on file with the City Clerk; and 2. All of the materials listed in the License attached as Exhibit A to this Resolution, which are incorporated herein by reference; and WHEREAS, the City Council has directed the preparation of and has carefully reviewed and considered each of the terms, conditions, and requirements of the License attached as Exhibit A to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER: I. The City Council finds that the Facility, if established and operated in conformance with the terms, conditions, and requirements of the License attached as Exhibit A to this Resolution, will: 1. Meet all of the Minimum Requirements set forth in Section 604 of the City Code for the establishment and operation of a Waste Processing Facility; 2 . Fully comply with all of the Performance Standards established in Section 604 and Chapter IX of the City Code; . 3. Fully comply with all additional performance standards, conditions, and requirements deemed necessary by the City Council to meet the requirements of the City Code and imposed as conditions in the License; 4. Meet all of the requirements of the City Zoning Ordinance for the issuance of a Conditional Use Permit for the Facility (the CUP), and the standards for issuance of a conditional use permit set forth in Section 900.42(4)(a); 5. Be so situated, equipped, operated, and maintained so as to minimize to the maximum extent possible, using the best available technology, any potential adverse impacts on: (a) The environment; (b) Groundwater quality; (c) Persons residing or working in the area; . (d) Other land uses and activities in the area; (e) The use, enjoyment, or value of neighboring properties; and ( f ) The public health, safety, and general welfare. II. The Solid Waste Facility License for the Facility attached as Exhibit A to this Resolution includes all of the terms, requirements, and conditions necessary for the Facility to fully comply with the requirements of the City Code. III. A Solid Waste Facility License will, therefore, be granted to Northern States Power Company, in the form attached as Exhibit A to this Resolution, upon execution by NSP of the License indicating its consent to the terms, requirements, and conditions of the License, the CUP and Section 604 of the City Code. This License is made a' part of this Resolution and can be examined in the City Clerk's Office. . IV. NSP shall record a copy of this Resolution with the Sherburne County Recorder and/or Registrar of Titles and pay all fees for said recording and shall file proof of said recording with the City. The building permit for the Facility shall not be issued until and unless recording is completed within one year from the date of this approval. 2 . ..' . . . .< The foregoing resolution was introduced by Councilmember Tralle and duly seconded by Councilmernber Schuldt. The following voted in favor of the resolution: Mayor Gunkel, Councilmernber Schuldt, Councilmernber Tralle. The following voted against: councilmernber Dobel, Councilmernber Holmgren. Whereupon the resolution was adopted. ADOPTED: !21/~L~ A Li-41 Jui Estelle Gunkel, Mayor ~ Z? ffl~ Patrick Klaers, City Administrator CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on February 9, 1987. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~S. day of r~ , 1987. ,4~ ().~ - , City Cle:u (SEAL) PKB:AK4 3. .' . . . EXHIBIT A CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE NORTHERN STATES POWER COMPANY WASTE PROCESSING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to section 604 (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City Code) to Northern States Power Company (Licensee) for the establishment and operation of a Waste Processing Facility (the Facility) upon the property legally described as: The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SE1/4) of Section 11, Township 32, Range 26, according to Government Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record (the Site). I. This License authorizes the establishment and operation of a Waste Processing Facility which will process up to a maximum annual average of one thousand, five hundred twenty-six (1,526) tons per day of municipal solid waste (MSW) into refuse derived fuel (RDF), as described in: 1. The Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Processing Facility"; 2. The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; 3 The Combined Air and Solid Waste Permit No. 147A- 86-0T-1 For an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). . II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: 1. Satisfying the standards set forth in the Elk River City Code of Ordinances, including section 604 and Article IX thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and III. Requirements and Conditions: 5. Preventing land, water, or alr pollution. . . 1 . Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this permit. 2. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. 3 . Incorporation of MPCA Permit. The terms and conditions of the MPCA permit are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions" of the MPCA permit and that portion of the MPCA Permit denoted "Permit No. SW-305." Any violation of the MPCA permit will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of the terms, conditions, or requirements of the MPCA permit, and shall advise the City as to what steps will be taken to correct said violations. 2 . . . . 4. Incorporation of Amendments to MPCA Permit. No amendment or change to any term, condition, or requirement of the MPCA permit shall be incorporated into the License or become effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. - I I 5. Reportinq Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Building and Zoning Administrator or his designated representative specifically notifies licensee in writing that copies of specific documents will not be necessary. Materials which must be provided unless declined include, without limitation, all plans and specifications; Operations Reports; residue management plans; annual residue reports; contingency disposal plans; and waste composition studies. 6. Incorporation of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of section 604 of the City Code, including specifically sections 604.30 (3) and (4). Any violation of the City Code will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 7. Incorporation of City Zoninq Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the Facility (the ~CUP") and with the City's Zoning Ordinance, including the performance standards set forth in Section 900.28 thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 8 . Hazardous and Danqerous Wastes. There shall be no processing of Hazardous or Dangerous Waste at the Facility. Temporary storage of Hazardous and Dangerous Waste shall be allowed as provided by Section 604 of the City Code. Licensee shall notify the City immediately upon the release or spill of any hazardous or dangerous waste at the facility and shall advise the City what steps will be taken to contain and clean-up any such release or spill. 3. 9 . RDF and Reject Disposal. All MSW not processed (Process Rejects) and RDF not burned shall be permanently transported out of the city except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Disposal shall strictly comply with the requirements of section 604 of the City Code. . 10. RDF Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all RDF hauling trucks transporting RDF from the Facility to the UPA Waste Burning Facility shall use the following routes: (1) from the facility via 165th Street to Highway 10 and from Highway 10 directly into the UPA Facility; or (2) from the Facility via 165th Street to Highway 10, Highway 10 to Main Street, Main Street to UPA Drive, and from UPA Drive into the UPA Facility. RDF trucks returning from the UPA Facility to the Facility shall use the following route: from the UPA Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Street, and from 165th Street directly into the Facility. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. . 11. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF receiving, processing, and storage areas at the Facility shall be fully enclosed. Adequate facilities shall be provided to insure that under no circumstances will there be any exterior storage of MSW or RDF, except in enclosed trailers or trucks. All RDF haul trucks leaving the facility shall be securely covered so that no RDF or other matter may escape. 12. Hours. Hours of receiving and transporting solid waste at the Facility shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday; and rejects may be transported during the hours of 4:00 a.m. to 8:00 p.m., Monday through Saturday. RDF may be transported outside those hours, but not during the hours of 4:00 p.m. to 6:30 p.m. any day. . 13. Public Drop-Off. Licensee shall provide an area at the Facility for disposal of solid waste by individual citizens and shall, in cooperation with the City Council designate one night of the Monday through Friday week when individual citizens may enter and exit the Facility until 8:00 p.m. Open top trailers shall be allowed for public drop-off of solid waste, but shall be covered at all times when the public drop-off is not open. 4 . . 14. Wash Water. All truck and facility wash water shall be diverted and captured in a retention tank so it does not enter the groundwater system. Captured washdown water shall be tested for heavy metals, biochemical oxygen demand, and total suspended solids, and a written report thereof provided to the City in advance of any delivery of washdown water to the City's Waste Water Treatment Plant. Based on the test results, the City may refuse to receive and treat the washdown water. 15. Security and Litter Control. The Facility shall be enclosed by a minimum six foot and no more than eight foot high chain link fence. Licensee shall engage in a regular and routine litter maintenance and removal program as required by the CUP. 16. Siqnaqe. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility, the MPCA Permit number and stating the hours and days the Facility to open for public use. 17. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Section 604 of the City Code. . 18. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Section 604 of the City Code. 19. Insurance and Bonding. This License shall not take effect until the insurance and bonding requirements set forth in Section 604.12 of the City Code have been complied with. 20. Expiration and Renewal. This License shall expire on January 31, 1988, as provided by Section 604 of the City Code. Renewal of this License shall be governed by the procedures and requirements of Section 604.14 of the City Code. 21. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in section 604 of the City Code. . 22. Violations. Any violation of the terms and conditions of this License shall also be considered a violation of Section 604 of the City Code and, in addition to suspension or revocation of this License as provided in Section 604.14 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 604.34 thereof. 5 . . 23. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the wilful conduct or negligence of the City, its officers or employees. Until the date of such jUdicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.01, et. seq. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 19 are subject to the limits of liability set forth in Minnesota Statutes Section 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. . . 24. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. 6 . . . . /'.. 25. Costs. The Licensee shall reimburse the City for all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Section 604 of the City Code. 26. License Bindinq. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 27. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. 28. Amendments or Waivers in Writing. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 29. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 ATTN: Plant Manager, Resource Recovery Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator IV. This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has 7 . " /' . . . executed this License indicating Licensee's consent to all of the terms and conditions of this License, the Conditional Use Permit for the Facility, and section 604 of the City Code. v. In no event shall operations at the Facility commence until all of the terms, conditions, and requirements contained in or incorporated into this Licensee have been met, including all required tests, reports, and inspections. Dated: .0 u4 /1 11 By: (~;:tdb A~ Estelle Gun el, Mayor By: ~~~ Patrick Klaers City Administrator CONSENT OF LICENSEE The undersigned duly authorized representative of Northern States Power Company, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the Facility, and Section 604 of the City Code; and that Licensee consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: NORTHERN STATES POWER COMPANY By: GP }Jtd~ Its: S.rv Vw- rf?~ 7&1WW 1;fj By: Its: PKB:AK5 8 .