6.3. SR 11-21-2005
Item 6.3.
MEMORANDUM
TO: Mayor and City Council
FROM: Rebecca Haug, Environmental Administrator
DATE: November 21, 2005
SUBJECT: Request by NRG to Amend Facility License and Conditional Use
Permit CU 03-32, Public Hearing-Case No. CU 05-20
Request - Amend the Solid Waste Facility License and Conditional Use
Permit for NRG
NRG is proposing to amend their Solid Waste Facility License and Conditional Use Permit.
The Planning Commission reviewed both items at their October 25, 2005 meeting and
recommend approving the changes.
Attachments
The following attachments are included with this memo:
. A vicinity map showing the location of the facility
. Site map for the facility
. The current CUP and SWFL for the facility
Staff Review
In the attached CUP and license, language proposed to be deleted has a line through it and
language proposed to be added is underlined. There are a lot of proposed changes; some by
NRG and some by staff. Most of the changes can be considered housekeeping. For easier
reference, staff placed an "X" next to those items in the attached CUP and license discussed
in this memo.
NRG's CUP
1. Item 1, page 2 - NRG proposes "incineration residue (Residue)" be changed to
"incinerated RDF ash'~ Staff is in agreement with this change.
2. Item 2, page 2 - NRG proposes, "There shall be no gravel or dirt areas on the
facility site" be deleted. Staff is in agreement with this change.
3. Item 14, page 4 - NRG proposes "Permittee shall test storm water run-riff captured
in the on-site retention/ detention pond, and shall provide written reports on these test
results to the City, as provided in the rain water run-riff sampling plan submitted by
Permittee. If the required tests indicate water quality problems in rainwater run-off,
Permittee shall submit to the City for approval a plan for addressing such problems and
shall implement such solutions as are required by City." be replaced by "Testing as
requested by State agencies if storm water run-riff captured in the on-site
retention/ detention pond': Staff recommends adding" Permittee shall
provide City evidence of stonn water NPDES pennit coverage for
industrial activities and a copy of the permittee's Storm Water
Pollution Prevention Plan." This has become a standard requirement for
projects in the City that impact over 1 acre.
NRG's Solid Waste Facility License
1. Item 10, page 5 - NRG proposes to add "or (3) 165'h Avenue to Highwqy 10 to Main
Street to Highwqy 169 into the GRE facility; or (4) from the facility via 165th Avenue to
Highwqy 10 to 171'1 Avenue to Twin Lakes Road to Main Street to Highwqy 169 into the
GRE Facility." Staff is in agreement with this change.
2. Item 12, page 6 - NRG proposes to delete "on a temporary basil' and "Open top
trailers shall be allowed for public drop riff if solid waste, but shall be covered at all times when
the public drop riff is not open." Staff is in agreement with this change.
3. Item 13, page 6 - NRG proposes "Permittee shall test storm water run-riff captured in
the on-site retention/ detention pond, and shall provide written reports on these test results to the
City, as provided in the rain water run-riff sampling plan submitted by Permittee. If the
required tests indicate water quality problems in rainwater run-off, Permittee shall submit to the
City for approval a plan for addressing such problems and shall implement such solutions as are
required by City." be replaced by "Testing as requested by State agencies if storm water run-
riff captured in the on-site retention/ detention pond': Staff recommends adding
"Pennittee shall provide City evidence of stonn water NPDES permit
coverage for industrial activities and a copy of the pennittee's Storm Water
Pollution Prevention Plan." This has become a standard requirement for
projects in the City that impact over 1 acre.
Other issues
Occasionally, NRG experiences explosions caused by illegally disposed of materials.
The good news is the explosion suppression system and bunker keep damage and
injuries in check and fire suppression water is contained in the building.
NRG encourages the Planning Commission to visit the facility prior to your meeting.
Call Ed Stoutenburg at (763) 441-3800 to arrange a time to visit the facility.
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Location Map
Case Number: CU 05-20 NRG
AMENDED CONDITIONAL USE PERMIT NO. 86-01
For
NRG
Refuse Derived Fuel Resource Recovery Facility
This Amended Conditional Use Permit No. 86-01 was approved by the City
Council of the City of Elk River on December 1,1986, and amended by the City of Elk
River on December 17, 1990, January 27, 1992, January 18, 1994, January 15, 1996,
December 20, 1999 and February 9,2004, subject to the following terms:
1. This Conditional Use Permit No. 86-01 (the Permit) is for the construction
and operation, on property legally described as follows:
The Southwest one-quarter of the Southeast one-quarter (SW Y4 of the SE Y4)
of Section 11, Township 32, Range 26, Sherburne County, Minnesota,
according to the Government Land Survey, except the South 468 feet of the
West 495 thereof, subject to highway easement of record (the Site),
of the Anoka County Refuse Derived Fuel Resource Recovery Facility as
described in the Draft and Final Environmental Impact Statements for The
Facility dated April 1986 and July 1986; and as described in the Combined
Air and Solid Waste Permit No. 14100003-003 for an Air Emission Facility,
Air Pollution Control Equipment and Solid Waste Processing System and
Permit for the construction and operation ofa Waste Processing Facility and
System, No. SW-305, issued by the Minnesota Pollution Control Agency
(MPCA); and as described in (1) "Response to RDF Information Sheet Issued
by the Concerned Citizens Against the Proposed Garbage Project,"
transmitted to the City by Correspondence dated July 24, 1986, and (2)
"Responses to the City of Elk River Concerns" transmitted to Mayor Richard
Hinkle on August 19, 1986; and (3) correspondence from the Permittee to
Mayor Richard Hinkle dated October 13, 1986, and as further described in
Permittee's November 28, 1989, application for renewal of conditional us
permit and Permittee's correspondence of April 2, 1990, April 17, 1990, July
2, 1990, August 3, 1990, and September 6, 1990, to the City; in Permittee's
November 20, 1991, applicatIon for renewal of the Conditional Use Permit; in
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Permitee's February 1, 1993, application for renewal of the Conditional Use
Permit; in Permitee's November 8, 1995, application for renewal ofthe
Conditional Use Permit; in Permitee's November 2, 1999; and in Permittee's
December 22,2004, application for renewal of the Conditional Use Permit; all
of which have been provided to the City by the Permittee in support of the
application for this Amended Conditional Use Permit and collectively
describe the Facility authorized by the Permit. The Facility consists of three
(3) integrated components located in the City: (1) A facility for receiving
municipal solid waste and processing it into refuse-derived fuel (Processing
Facility); (2) A facility for the incineration of refuse derived fuel (burn
facility); and (3) The movement ofvehicIes transporting municipal solid waste
(MSW), refuse-derived fuel (RDF), rejected municipal solid waste (Rejects),
and incineratieHated RDF ash residue (Residue). So long as RDF is
incinerated in the City, the conditions of this Permit which relate to the Burn
Facility and Residue shall be in full force and effect. Construction or
operation in violation of any of the material statements of fact, factual
information, or representations in the referenced documents shall be deemed
to be a violation of the Permit and all such documents are considered to be
and are hereby made a part of the Permit.
2. Building construction, driveways, parking, grading, utilities, surface water
management, erosion control, landscaping, fencing, and screening for the
Processing Facility shall be provided substantially in accordance with the
plans submitted by Northern States Power Company with the original
application of a conditional use permit and the November 28, 1989 application
for renewal of conditional use permit, which are herby made a part of this
Permit. In addition, these plans shall be further revised to provide a hard
surfaced, diked area to drop hot loads of processed RDF so that they can be
put out and fire suppression water retained; and to further provide that all
areas on the facility site are either hard surfaced parking and drive areas, pea
rock or asphalt shavings for equipment storage, or landscaped areas with
grass. There shall be no grayel or dirt areas on the facility site. The revised
plans shall be submitted by December 31, 1990, and all improvements
installed by September 30, 1991.
3. All utility and street construction plans and specifications as presented by
Northern States Power Company for the Facility and servicing streets must be
prepared by a Registered Civil Engineer in accordance with directions of and
approved by the City Engineer.
4. All building plans and specifications must be approved by the City Building
Inspector and Fire Chief.
5. Approval of driveway entrances, if needed, on State and County highways
shall be secured from the appropriate agencies and filed with the City
Building and Environmental Administrator prior to issuance of any building
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permit. Street lighting and acceleration and deceleration lanes for Highway
10 at the intersection of 165th Avenue and Highway 10 shall be installed by
City to provide safe access to Highway 10 for trucks entering and leaving the
Facility. Failure by Permittee to reimburse the City for the installation of said
improvements within thirty (30) days of receiving an invoice for all or any
part of said improvements shall be cause for revocation of this Permit.
6. The City shall have the right of access to all areas of the Processing Facility
and site for the purpose of inspection to ensure compliance with all of the
terms and conditions of this permit and the Solid Waste Facility License for
the Facility. The City need not give prior notice to the Permittee for personnel
to access the Processing Facility or site during waste receiving, Monday
through Saturday, or if an explosion or other emergency occurs. At any other
time, at least twelve (12) hours prior notice to the Permittee is required. Such
access shall be in accordance with reasonable safety standards and reasonable
proprietary information requirements.
Alternatively, the City may, in its discretion, upon thirty (30) days notice to
Permittee, to further ensure compliance with the restrictions in this
Conditional Use Permit and in Chapter 58, Article III of the City Code of
Ordinances on the handling and processing of hazardous and dangerous waste,
and to protect the public health, safety, and general welfare of the citizens of
Elk River, place full-time City inspectors at the Facility twenty-four (24)
. hours a day. These inspectors shall have the right of access to all areas of the
Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure
compliance with all of the terms and conditions of this Conditional Use
Permit, the license for the Facility, and Chapter 58, Article III ofthe City
Code. The on-site City inspector shall have the right, at any time, to take one
or more of the following actions:
A. Order a load ofMSW inspected, pursuant to the procedures set forth in the
license for the Facility;
B. Order the Facility cleaned, if a violation ofthe dust control plan for the
Facility is observed; or
C. Order the Facility shut down if necessary to bring it into compliance with
the dust control plan or any other term or condition of this Conditional
Use Permit, the license for the Facility, or Chapter 58, Article III ofthe
City Code.
7. All employee or visitor motor vehicles associated with Facility operation
shall be parked on Facility property, and not on adjacent lands not owned by
Permittee or adjacent streets. Adequate facilities must be provided to ensure
that no vehicle desiring entry into the Processing Facility during permitted
receiving hours will have to wait outside the perimeter of the Processing
Facility site.
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8. The City shall be notified by the Permittee immediately upon the occurrence
of any explosion, fire, or other emergency at the Facility; upon the discovery,
release or spill of hazardous or dangerous materials, as defined in the City of
Elk River Solid Waste Ordinance, at the Facility; and of any violations of the
conditions ofthe Permit, Air Emission Facility Permit No. 1410000-003 or
Permit for a Waste Processing Facility and System, No. SW-305. The
specific requirements for how, when and who to notify at the City shall be set
forth in a separate letter from City Staff to Permittee. This letter may be
revised or supplemented by City staff from time to time as necessary to
address the City's needs for notification.
9. This Permit authorizes an average annual throughput of one thousand five
hundred twenty-six (1,526) tons per day ofMSW.
10. All MSW, RDF, Reject or Residue-hauling truck traffic entering or exiting the
Processing Facility or the Burn Facility shall use only those highways and
streets as allowed in writing by the City Council, avoiding the use of Main
Street and residential streets, if at all possible. Truck traffic originating in the
City may use other public streets.
11. The Facility may operate twenty-four (24) hours a day. However, the City
reserves the right to restrict the hours of operation of the Facility to normal
business hours if noise emanating from the Facility to surrounding residential
properties is unacceptable. Receiving and transporting MSW and rejects at
the Processing Facility may take place twenty-four (24) hours a day, Monday
through Saturday. However, the City reserves the right to restrict further the
hours of receiving and transporting MSW at the processing facility if
necessary to protect the public health, safety, and welfare. RDF may be
transported twenty-four (24) hours a day. At the Processing Facility, all truck
and Processing Facility wash water shall be diverted and captured in a
retention tank so that it does not enter the groundwater system.
12. The processing Facility shall be enclosed by a minimum six-foot and no more
that eight-foot high chain link fence.
13. The Processing Facility shall undertake no processing ofMSW until all
appropriate items in the Permit and the building permit are completed and
finally inspected by the City of Elk River Building and Environmental
Administrator and a written certificate of occupancy has been issued.
14. Permittee shall test Testing as requested by State agencies of storm water run-
off captured in the on-site retention/detention pond, and shall provide '?,'fitten
reports on these test results to the City, as provided in the rain ',vater run off
sampling plan submitted by Permittee. If the required tests indicate water
quality problems in rainwute:r: run off, Permittee shall submit to the City for
approval a plan for addressing such problems and shall implement such
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solutions as are required by City. Permittee shall provide City evidence of
storm water NPDES permit coverage for industrial activities and a copy of the
permittee's Storm Water Pollution Prevention Plan
15. The Permittee shall engage in a regular and routine litter maintenance and
removal program extending (a) one-half mile east of the Processing Facility
entrance on 165th Avenue Northwest, (b) southeast on Highway 10 from the
intersection of 165th Avenue Northwest with Highway 10 to the eastern city
limits, (c) northwest on Highway 10 from said intersection to the intersection
of Highway 10 and Highway 169, and (d) any other areas adversely impacted
by debris related to Facility operations as may be determined by the City.
Litter shall be removed from these areas no less than once per week, and more
often if necessary because of spills or complaints from neighboring property
owners, to ensure that these areas are kept free of litter generated by truck
traffic traveling to and from the Facility. In addition, Permittee shall inspect
all trucks leaving the plant to ensure that they are either fully enclosed or
covered, and/or clean, and will not spread litter on surrounding streets and
roadways as they leave.
16. The Permittee shall immediately pay to reimburse the City for any and all
expenses associated with initial Processing Facility-related improvements on
165th A venue from the Processing Facility entrance to the intersection with
Highway 10, and on any other city streets used by vehicles transporting RDF
or Residue which may serve as primary access for the Burn Facility. For the
foregoing street, the Permittee shall also reimburse the City for all patching
and repair expenses in excess of the City's normal street maintenance
program. Permittee shall also reimburse the City for any and all expenses
associated with installation of the acceleration and decelerations and lighting
at the intersection of highway 10 and 165th Avenue.
17. No exterior storage ofMSW, RDF, Rejects or Residue shall be allowed,
except in enclosed trailers or trucks.
18. The Permittee represents and warrants to the City that the Facility shall at all
times comply with all applicable city, county, state, and federal laws and
regulations, including without limitation, environmental laws and regulations.
19. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF
process Rejects and RDF Residues, shall be disposed of in strict compliance
with the requirements of Chapter 58, Article III of the City Code and Chapter
7035 of Minnesota Rules.
20. Responsibility for Costs:
A. The Permittee shall pay all direct costs incurred by it or the City in
conjunction with the application for this Permit and development of the
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Facility, including without limitation legal, planning, consulting,
engineering, and inspection expenses (including a reasonable charge for
City stafftime) incurred in connection with approval of the Facility, the
preparation of this Permit, and all costs and expenses incurred by the City
in monitoring and inspecting the construction of the Facility, except those
costs and expenses normally covered by the building permit fee.
B. The Permittee shall defend and hold the City, its officers, and employees
harmless from all claims made by third parties for damages sustained or
costs incurred resulting from Facility approval, construction, and
operation. The Permittee shall indemnify the City, its officers, and
employees for all costs, damages, or expenses which the City any 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
questions is determined by a court with jurisdiction over the matter to have
been caused solely by the willful conduct or negligence of the City, Its
officers or employees. Until the date of such judicial determination, the
defense hold harmless and indemnification provisions shall be in full force
and effect and in the event of such judicial determination, the City shall
reimburse the Permittee all of its costs and expenses incurred on behalf of
the City in connection with the foregoing. Nothing herein shall be
construed to prohibit the City from selecting its own counsel to act as co-
counsel in the defense of such matters. The Permittee agrees to
indemnify, defend, and hold harmless the City of Elk River, its Council
members, officers, and employees from any claims or damages arising out
of any acts or omissions on the part of the Permittee and any of the
participating counties or their commissioners, agents, or employees in the
performance of the counties' contractual obligations under the agreements
with the Permittee, from any strict liability imposed upon the City
pursuant to Minn. Stat. 115B.Ol, et seq. for the release of hazardous waste
at the Facility and from any remedial actions, clean-ups, removal, closure,
post-closure activities, or monitoring requirements or costs associated
therewith. This indemnity, hold harmless, and defense obligation on the
part of the Permittee shall include, but not be limited to, any and all
actions, claims, requirements, or claims for damages arising out of the
granting of this Permit for the Facility or any variance associated with the
height ofthe proposed Processing Facility and the inability of the City to
properly respond to fire calls at the Processing Facility due to the
limitations of its equipment or personnel, but shall not include willful and
unjustified failure to respond to fire calls at the Processing Facility. The
indemnities provided in the paragraph B are subject to the limits of
liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as
amended from time to time, if effective as to the particular indemnified
action or claim. Nothing in this Permit is intended to waive the
immunities to which the City is entitled by law.
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C. The Permittee waives and releases the City from all claims, direct or
indirect, arising or claimed to have arisen out of all actions or inactions
relating to the City's consideration or issuance of the Permit.
D. The Permittee shall reimburse the City for all costs incurred in
enforcement ofthis Permit, including consultant and attorneys' fees.
Failure by Permittee to reimburse City within forty-five (45) days of
receiving an invoice for any costs for which reimbursement is required by
the terms ofthis Conditional Use Permit or the License for the Facility,
shall be cause for revocation of this Permit.
21. Miscellaneous:
A. This Permit and its conditions shall be binding upon each of the
Permittees, jointly and severally, referred to collectively in this Permit in
the singular as Permittee, and the successors and assigns of anyone of
them. The assignment by any Permittee of its interest in the Facility shall
not relieve it of responsibility and liability under this Permit without the
written consent of the City, which consent shall not be unreasonably
withheld.
B. Violation of the terms ofthis Permit or of MPCA Permit No. SW-305 or
Air Emission Facility Permit No. 14100003-003 by the Permittee shall
entitle the City to any and all remedies available at law or in equity. If the
City determines that such violation results in a clear and imminent danger
to the health and safety of the City's residents, the City's remedies shall
include immediate cessation of operation or construction, or both, without
the necessity of a judicial order in advance of the same. In all other
instances, the immediate cessation remedy shall be preceded by a judicial
order. A revocation or suspension of this Permit shall be only as to the
violating component of the Facility, not as to the components not in
violation.
C. If any portion, section subsection, sentence, clause, paragraph, or phrase
of this Permit is for any reason held invalid, such decision shall not affect
the validity of the remaining portions of the Permit.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions ofthis Permit. To be binding, amendments
or waivers shall be in writing, signed by the Permittee, and approved by
written resolution of the City Council. The City's failure to promptly take
legal action to enforce this Permit shall not be a waiver or release.
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22. Notices: Required notice to the Permittee shall be in writing, and shall be
either hand delivered to the Permittee, its employees or agents, or mailed to
the Permittee by certified or registered mail at the following addresses:
Elk River Resource Recovery Facility
10700 165th Avenue N.W.
Elk River MN 55330
Attention: Plant Manager
GRE
ATTN: Manager, Elk River Station
17845 U.S. Highway 10
Elk River MN 55330-0800
Notice to the City shall be in writing, and shall be either hand delivered to the Building
and Environmental Administrator, or mailed to the City by certified or registered mail in
care of the Building and Environmental Administrator at the following address:
City of Elk River
13065 Orono Parkway NW
Elk River MN 55330
Attention: Environmental Administrator
23. Review: The terms and conditions of this Permit and compliance by the
Permittee shall be subject to review by the City prior to January 31, 2008.
The City reserves the right to revoke, amend, or impose additional conditions
on the Facility or the Permittee at such time taking into account the
advancement of scientific knowledge relative to the health effects of the
Facility, the Permittee's degree of compliance with current Permit conditions,
and the criteria and standards of the City Code and Minnesota law.
The undersigned, on behalf of the respective Permittees, jointly and severally,
represent and bind their respective Permittees to the terms of this Permit, having fully
examined this Permit and all materials referred to herein and agree to all the
conditions set forth. Each person signing below on behalf of a Permittee does so
upon the authority is attached hereto.
PERMITTEE: NRG
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CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
NRG
WASTE PROCESSING FACILITY
This Solid Waste Facility License (the License) is hereby issued by the City of
Elk River (the City), pursuant to Chapter 58, Article III (the Solid Waste Facilities
Ordinance) of the City of Elk River Code of Ordinances (the City Code) to NRG
(Licensee) for the establishment and operation of a Waste Processing Facility (the
Facility) upon the property legally described as:
The Southwest one-quarter of the Southeast one-quarter (SWl/4 of the SEl/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:
. Licensee's "Application for a Solid Waste Facility License to Permit the
Operation of a Waste Processing Facility" and Licensee's November 28,
1989 application for renewal of the License for the Facility and
supplemental correspondence from Licensee to the City dated April 2,
1990, April 17, 1990, July 2, 1990, August 3, 1990 and September 6,
1990; Licensee's November 20, 1991, application for renewal of the
License; Licensee's February 1, 1993, application for renewal of the
License; Licensee's November 8, 1995, application for renewal of the
License; Licensee's November 2, 1999, application for renewal of the
license; Licensee's December 22, 2003, application for renewal of the
license; and Licensee's October 12, 2005, application 'for renewal of the
license
2. The Draft and Final Environmental Impact Statements for the Anoka
County Refuse Derived Fuel Resource Recovery Facility, dated April
1986, and July 1986;
3. The Combined Air and Solid Waste Permit No. 14100003-003 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
1
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 Chapter 58, Article III and Chapter 30 thereof;
2. Promoting compatibility with and minimizing any potential adverse
effects upon properties and neighborhoods adjacent to the Facility or
within the City;
3. Protecting the public health, safety, and general welfare;
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
III. Requirements and Conditions:
1. Incorporation of Plans and Application Materials. Construction and
operation of the Facility shall be in accordance with the plans and other
materials submitted by Licensee to the City and the MPCA, including
those identified above in Section I of this License, all of which are hereby
made a part of this License. Construction or operation in violation of any
of the material statements of fact, factual information, or representations
made by the Licensee to the City or MPCA shall be deemed to be a
violation of this License.
2. Submission of Final Plans. Final plans and specifications for the Facility
must be reviewed and approved by City staff and/or consultants prior to
the issuance of a building permit for the Facility.
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 sh~l notify the City immediately of any violation of
2
the terms, conditions, or requirements of the MPCA Permit, and shall
advise the City as to what steps will be taken to correct said violations.
4. Incorporation of Amendments to MPCA Permit. No amendment or
change to any term, condition, or requirement of the MPCA Permit shall
be incorporated into the License or become effective with respect to this
License until the City has received notice of the proposed amendment and
has specifically consented thereto by amending this License to incorporate
the MPCA Permit Amendment.
5. Reporting Requirements. Copies of all plans, studies, reports, and other
materials required to be submitted to the MPCA by Licensee shall be filed
with the City, unless the City Building and Environmental Administrator
or his designated representative specifically notifies Licensee in writing
that copies of specific documents will not be necessary. Materials, which
must be provided unless declined, include, with limitation, all plans and
specifications; Operations Reports; residue management plans; annual
residue reports; contingency disposal plans; and waste composition
studies.
6. Incorporated of Solid Waste Facilities Ordinance. The Facility and
Licensee must at all times fully comply with the requirements of Chapter
58, Article III of the City Code, including specifically Sections 58-213 and
58-214. Any violation of the City Code will constitute a violation of the
terms of this License. Licensee shall notify the City immediately of any
such isolation and shall advise the City as to what steps will be taken to
correct said violations.
7. Incorporation of City Zoning Ordinance and 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 Land Development Regulations Ordinance, including
the performance standards set forth in Division 5, Subdivision V 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 Dangerous Wastes. There shall be no processmg of
hazardous or dangerous waste at the Facility. Temporary storage of
Hazardous and Dangerous Wastes shall be allowed as provided by Chapter
58, Article III of the City Code. Licensee shall notify the City
immediately -upon the discovery, release, or spill of any hazardous or
dangerous waste at the Facility and shall advise the City what steps will be
taken to contain and cl~an-up any release or spill of such waste. The
specific requirements of how, when and how to notify at the City will be
3
set forth in a separate letter from City staff to Licensee, as provided in the I
CUP. Licensee shall develop a plan for identifying hazardous and
dangerous wastes and the generators of such waste. This plan shall
include, at a minimum, the following elements:
A) Licensee shall thoroughly inspect a minimum of three (3)
MSW loads per week (average) selected on a random basis.
This inspection shall include opening and inspecting every
garbage bag in each load and all other containers.
B) Licensee shall submit to the City a quarterly report
containing, at the minimum, the following information of
each load inspected:
(i) The hauler and truck number of the load;
(ii) Any hazardous or dangerous waste found in the load
(iii) Licensee's efforts to identify the generator of any
hazardous or dangerous waste found in the load.
(iv) The identity, if known by Licensee, of the generator
of any hazardous or dangerous waste found in the
load;
(v) The actions which Licensee is taking against the
generator and hauler of any such hazardous or
dangerous waste found in the load;
(vi) Licensee's record of disposal of any hazardous or
dangerous waste found in the load.
C) Licensee shall advise the City Building and Environmental
Administrator, if requested, when these loads are being
inspected and the City shall have the right to have its
personnel on-site to observe the inspection process.
D) Licensee shall develop, for City approval, a dust control plan,
including maximum allowable levels of dust in the air and on
surfaces at the Facility; and shall schedule, on a regular basis,
down time for dust control pursuant to the plan, major repairs
and cleaning of the Facility. City shall have the right to
thoroughly inspect the Facility for dust control, cleanliness
and compliance with the other terms of this License during
such down time.
E) To further ensure compliance with restrictions in this
License, and in Chapter 58, Article III of the City Code of
Ordinances, on the handling and processing of hazardous and
dangerous wastes, and to protect the public health, safety,
and general welfare of the citizens of Elk River, the City
shall have the right, upon thirty (30) days notice to Licensee,
4
to have an inspector at the Facility twenty-four (24) hours a
day. These inspectors shall have the right of access to all
areas of the Facility, twenty-four (24) hours a day, for the
purposes of inspection to ensure compliance with all of the
terms and conditions of this License, the conditional use
permit for the Facility, and Chapter 58, Article III of the City
Code. The on..,site City inspector shall have the right at any
time to take one or more of the following actions:
(i) Order a load of MSW inspected, pursuant to the
procedures set forth above;
(ii) Order the Facility cleaned, if a violation of the dust
control plan is observed; or
(iii) Order the Facility shut down if necessary to bring it
into compliance with the dust control plan or any
other term or condition of this License, the
conditional use permit for the Facility, or Chapter 58,
Article III of the City Code.
9. RDF and Reiect Disposal. All Mixed Municipal Solid Waste not burned,
including unburned RDF, RDF process Rejects and RDF Residues, shall
be disposed of in strict compliance with the requirements of Chapter 58,
Article III of the City Code and Chapter 7035 of Minnesota Rules.
10. RDF Truck Haul Routes. To minimize the impact of the Facility on other
land uses and activities in the area, unless otherwise approved or directed
by the Building and Environmental Administrator and his/her designees,
all RDF hauling trucks transporting RDF from the Facility to the GRE
Waste Burning Facility shall use the following routes: (1) from the
facility via 165th Avenue to Highway 10 and from Highwa~ 10 directly
into the GRE Facility; or (2) from the Facility via 165t Avenue to
Highway 10, Highway 10 to Main Street, Main Street to GRE Drive, and
from GRE Drive into the GRE Facility; or (3) 165th Avenue to Highway
10 to Main Street to Highway 169 into the GRE facility: or (4) from the
facility via 16Sth Avenue to Highway 10 to 171 5t Avenue to Twin Lakes
Road to Main Street to Highway 169 into the GRE facility. RDF trucks
returning from the GRE Facility directly onto Highway 169, Highway 169
to Highway 10, Highway 10 to 165th Avenue, and from 165th Avenue
directly into the Facility. Incoming and outgoing traffic from the Facility
shall be controlled by the Licensee in such a manner as to provide orderly
and safe ingress and egress and so as not to impede or interfere with
general traffic.
11. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF
receiving, processing, aJ?d storage areas at the Facility shall be fully
enclosed. Adequate facilities shall be provided to insure that under no
5
circumstances will there be any exterior storage of MSW or RDF, except
in enclosed trailers or trucks. Licensee shall create a 20- foot firebreak
between the conveyor on the tipping floor of the Facility to the garbage on
the tipping floor. All RDF haul trucks leaving the facility shall be
securely covered so that no RDF or other matter may escape.
12. Hours. The Facility may operate twenty-four (24) hours a day en-a
temporary basis. The City reserves the right to restrict the hours of
operation of the Facility to normal Business hours if noise emanating from
the Facility to surrounding residential properties is unacceptable.
Receiving and transporting MSW and rejects at the Processing Facility
may take place twenty-four (24) hours a day. However, the City reserves
the right to restrict further the hours of receiving and transporting MSW at
the processing facility if necessary to protect the public health, safety, or
general welfare. RDF may be transported twenty-four (24) hours a day.
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 allov.<ed for public ckop off of solid waste, but shall be covered at
all times 'Nhen the public ckop off is not open. Licensee shall also
advertise on at least a quarterly basis the availability of this public drop off
facility and the fee charged for it, and shall cooperate with the City in
recycling efforts.
13. Wash Water and Storm Water Run off. All truck and facility wash water
shall be diverted and captured in a retention tank so it does not enter the
groundwater system. Captured wash down water shall be disposed of as
required by the MPCA, and shall not be disposed of in the City's Waste
Water Treatment Plant. Permittee shall test Testing as requested by State
agencies of storm water run-off captured in the on-site retention/detention
pond. and shall proyide v.Titten reports on these test results to the City, as
provided in the rain '.'/Uter run off sampling plan submitted by Permittee.
If the required tests indicate 'Nater quality problems in raimvater run off,
Permittee shall submit to the City for approvul a plan for addressing such
problems and shall implement such solutions as are required by City.
Permittee shall provide City evidence of storm water NPDES permit
coverage for industrial activities and a copy of the permittee's Storm
Water Pollution Prevention Plan
14. Security and Litter Control. The Facility shall be enclosed by a minimum
six foot and no more that eight foot high chain link fence. Licensee shall
engage in a regular and routine litter maintenance and removal program as
required by the CUP.
6
15. Signage. Licensee shall erect and maintain at each entrance to the Facility
a permanent sign stating the name of the Facility, the MPCA Permit
number and stating the hours and days the Facility is open for public use.
16. License Fees. Licensee shall promptly pay the License application fee and
annual License fees required by Chapter 58, Article III of the City Code.
17. Inspections. Licensee shall make the Facility available for inspections as
required by the CUP and Chapter 58, Article III of the City Code.
18. Insurance and Bonding. This License shall not take effect until the
insurance and bonding requirements set forth in Section 58-127 of the City
Code have been complied with.
19. Expiration and Renewal. This License shall expire on January 31, 2008,
as provided by Chapter 58, Article III of the City Code. Renewal of this
License shall be governed by the procedures and requirements of
Section[s] 58-128, 58-129 and 58-130 of the City Code.
20. Suspension and Revocation. This License is subject to suspension and/or
revocation pursuant to the procedures and standards set forth in Chapter
58, Article III ofthe City Code.
21. Violations. Any violation of terms and conditions of this License shall
also be considered a violation of Chapter 58, Article III of the City Code
and, in addition to suspension or revocation of this License as provided in
Section 58-130 of the City Code, the City may Proceed to seek
enforcement of this License and the Solid Waste Facilities Ordinance
under Section 58-103 thereof.
22. 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 willful conduct or negligence of the
City, its officers or employees. Until the date of such judicial
determination, the defense, hold harmless and indemnification provisions
shall be in full force and effect and in the event of such judicial
determination, the City shall reimburse the Licensee all of its costs and
expenses incurred on be~alf of the City in connection with the foregoing.
Nothing herein shall be construed to prohibit the City from selecting its
7
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.Ol, et. seq. for the release of
hazardous waste at the Facility and from any remedial actions, clean-ups,
removal, closure, post-closure activities, or monitoring requirements or
costs associated therewith. This indemnity, hold harmless, and defense
obligation of the part of the Licensee shall include, but not be limited to,
any and all actions, claims, requirements, or claims for damages arising
out of the granting of this License for the Facility. The indemnities
provided in this paragraph 23 are subject to the limits of liability set forth
in Minnesota Statutes Sections 466.04 and 466.06, as amended from time
to time, if effective as to the particular indemnified action or claim.
Nothing in this License is intended to waive the immunities to which the
City is entitled by law.
23. 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.
24. Costs. The Licensee shall reimburse the City for all costs incurred in
enforcement of this License, including consultant and attorneys' fees, as
provided in Chapter 58, article III of the City Code. Failure by Licensee
to reimburse City within forty-five (45) days of receiving an invoice for
any costs for which reimbursement is required by the terms of this License
or the Conditional Use Permit for the Facility, shall be cause for
revocation of this License.
25. License Binding. This License and its conditions shall be binding upon
Licensee and its successors and assigns. The assignment by Licensee of
its interest in the Facility shall not relieve it of responsibility and liability
under this License without the written consent of the City, which consent
shall not be unreasonably withheld.
26. 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.
27. Amendments or W aiver~ in Writing. The action or inaction of the City
shall not constitute a waiver or amendment to the provisions of this
8
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.
28. Notices. Required notices to the Licensee shall be in writing, and shall be
either hand delivered to the Licensee, its employees or agents, or mailed to
the Licensee by certified or registered mail at the following address:
Elk River Resource Recovery Facility
10700 165th Avenue NW
Elk River MN 55330
ATTN: Plant Manager
Notice to the City shall be in writing, and shall be either hand delivered to the Building
and Environmental Administrator, or mailed to the City by certified or registered mail in
care of the Building and Environmental Administrator at the following address:
IV.
V.
Dated:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attention: Environmental Administrator
This License will take effect when all of the conditions precedent to the
issuance of the License have been met and Licensee, or its duly authorized
representative, has executed this License indicating Licensee's consent to all
of the terms and conditions of the License, the Conditional Use Permit for the
Facility, and Chapter 58, Article III of the City Code.
In no event shall operations at the Facility commence until all of the terms,
conditions and requirements contained in or incorporated into this Licensee
have been met, including all required test, reports, and inspections.
By:
Stephanie A. Klinzing, Mayor
By:
Rebecca I-Iaug, Environmental Administrator
9
CONSENT OF LICENSEE
The undersigned duly authorized representative ofNRG, 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 Chapter 58, Article III ofthe
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: NRG
By:
Its:
By:
Its:
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