3.5. SR 04-03-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Consent April 3, 2006
Item Number
3.5.*
Prepared by
Rebecca Haug, Environmental
Administrator
Reviewed by
Lori ohnson, Ci Administrator
Item Description
Re uest for reimbursement of surchar e to Elk River Landfill
Introduction
The Elk River Landfill is requesting reimbursement for monies over paid to the City of Elk River for the
city fee mandated by "Minnesota Statue 115A.921."
Discussion
Attached is a letter from Elk River Landfill requesting that the City reimburse them in the amount of
$82,999.86, which was due to an overpayment of demolition debris surcharge. Pursuant to Minnesota
Statute 115A.919, the City can only collect .15 cents per permitted cubic yard (cyd). Elk River Landfill
provided me with their spreadsheets as proof to their overpayment, in which I verified the accuracy. Elk
River Landfill has since moved out of DC3 due to limiting out on capacity.
Financial Impact
$82,999.86 reimbursed to Elk River Landfill out of the Landfill Construction Debris Fund
Attachments
. Letter from Debra Walters, District Manager of Elk River Landfill dated January 12, 2006.
. Minnesota Statute 115A.921
Action Requested
Staff is requesting the City Council approve the reimbursement to the Elk River Landfill in the amount of
$82,999.86.
Council Action
Motion by _
Second by _
Vote
Follow Up
C: \Documents and Settings \tallard\Local Settings \ Temporary Internet Files \ OLKF\REQUEST COUNCIL ACTION-reimburs=ent.doc
~AN 1 '12006
..
WASTE MANAGEMENT
January 12, 2006
ELK RIVER LANDFILL. INC.
22460 Highway 169 NW
Elk River, MN 55330
(763) 441-2464
(763) 441-2025 Fax
Rebecca Haug
City of Elk River
13069 Orono Parkway
Elk River, MN 55330
RE: Minnesota Statute 115A.921 City fee authority
Dear Ms. Haug,
Elk River Landfill, Inc. (ERL) is requesting reimbursement for monies over paid to the
City of Elk River for the city fee mandated by "Minnesota Statue 115 A. 921.
The total approved cubic yards (cyds) for D3 is 620,000 cyds minus cover material of
43,560 cyds equals 576,440 cyds.
ERL has paid to the City of Elk River $169,465.86 for DC3. Under this statute, the City
can only collect .15 cents per cyd, for permitted cubic yards. The total permitted cubic
yards for DC 3 is 576,440 cyds, which at . 15/cy equals $86,466.00.
This oversight has resulted in a credit reimbursement to Elk River Landfill, Inc. in the
amount of $82,999.86 (see the attached spreadsheets).
Please review the attachments, should you have any questions, feel free to call me at
763.441.2464 ext.11.
Respectfull y,
ELK RIVER LANDFILL, INC.
~[L",U Wv<--e+~
Debra Walters
District Manager
DW Imsg
From everyday collection to environmental protection, Think Green'!' Think Waste Management.
@ Printed on 100% post-cons.umer recycled paper.
...
c CD
Q) CO
E ai
>- G)
llS G)
Co N
...
Q) CO
>
0 ~
.... o G) CD CD
CO .....co ~ CO
0 0"; co .,;
CD C'?N 'lit CD
coOC'?N 'lit
.,;-...,:.,;-...: ar
'IIt'llt'lltC'? CD
....
~~~~ ~
..l<: ..l<:
0 0 0 0
0
-V 0
0 1.0 cD
- 0
to - CD
N 0 'lit
- M iii
0 -
.... .... CO
:J....
e::::J
J:e:::
e:::e:::I-J:
<(<(-VI-
WWOI.O
~~;:::g
....J....JON
....J....J-N ~
<(<(oCX5
10
....
0
MMMM
0000 ~
eeee
1.0 I"'- m -v 0
.... I': I"'- .... 'C 0
m-vo ai Q) 0
Ncom to ~ -V
1.0. 'lit. -V. m E -V.
-vO-v m ... to
comco 1.0 Q) l"'-
e. 1.0
0 -V co co 0 C'?
M 1.0 ~ <"! ..... 0
co m .... co ....: c
1.0 to co M'IIt
ommmG) en
. - - . a'C
ffi~~~~>
,....,....,.....,....CDC;;
...
0
l-
N M -V 1.0
0 0 0 0
0 0 0 0
N N N N
Minnesota Statutes 2005, 115A.921
Page 1 of 2
tyhnl)~;:;,)t<,;;,SHl:t\n;~;:;,2:Qq~,.,'ri'l,h!g,Qr,(hm!t?;r;:;
."",~l-. 'I" ('If ,~,"')+"l~lt" fpr f'11:', ntr.,f 1'! c; /:.
J _~~::.!. __~ _... :".".. _~.:'~_;_ f-_~.~_'m,~'L_ _ .".-:.....:-. -~'-.~-:k:: -~~ .m_m~_.':::.:~
115A.921 city or town fee authority.
Subdivision 1. ~xed municipal solid waste. A city
or town may impose a fee, not to exceed $1 per cubic yard of
waste, or its equivalent, on operators of facilities for the
disposal of mixed municipal solid waste located within the city
or town. The revenue from the fees must be credited to the city
or town general fund. Revenue produced by 25 cents of the fee
must be used only for purposes of landfill abatement or for
purposes of mitigating and compensating for the local risks,
costs, and other adverse effects of facilities. Revenue
produced by the balance of the fee may be used for any general
fund purpose.
Waste residue from recycling facilities at which recyclable
materials are separated or processed for the purpose of
recycling, or from energy and resource recovery facilities at
which solid waste is processed for the purpose of extracting,
reducing, converting to energy, or otherwise separating and
preparing solid waste for reuse shall be exempt from the fee
imposed by a city or town under this section if there is at
least an 85 percent weight reduction in the solid waste
processed. Before any fee is reduced, the verification
procedures of section ~.:?':~'~n~.~')' subdivision 1, paragraph (c),
must be followed and submitted to the appropriate city or town,
except that for facilities operating outside of the metropolitan
area the commissioner shall prescribe procedures for verifying
the required 85 percent weight reduction.
Subd. 2. Construction debris. (a) A city or town may
impose a fee, not to exceed 50 cents per cubic yard of waste, or
its equivalent, on operators of facilities for the disposal of
construction debris located within the city or town. The
revenue from the fees must be credited to the city or town
general fund. Two-thirds of the revenue must be used only for
purposes of landfill abatement or for purposes of mitigating and
compensating for the local risks, costs, and other adverse
effects resulting from the facilities.
(b) A facility permitted for the disposal of construction
debris is exempt from 25 percent of a fee imposed under this
subdivision if the facility has implemented a recycling program
that has been approved by the county and 25 percent if the
facility contains a liner and leachate collection system
approved by the agency.
(c) Two-thirds of the revenue from fees collected under
this subdivision must offset any financial assurances required
by the city or town for a construction debris facility.
(d) The maximum revenue that may be collected under this
subdivision must be determined by multiplying the total
permitted capacity ~f a facility by 15 cents per cubic yard.
Once the maximum revenue has been collected for a facility, the
fees in this subdivision may no longer be imposed.
HIST: 1984 c 644 s 47; 1987 c 348 s 26; 1988 c 685 s 20; 1989
c 325 s 19; 1991 c 337 s 38; 1994 c 585 s 23; 1995 c 247 art 1 s
htto' //wwwrevisor.lell.state.mn.us/stats/115AJ921.html
1/12/2006