6.3. - 6.5. SR 02-01-1993
ITEMS 6.3, 6.4, ,& 6.5
TO: MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE: JANUARY 28, 1993 ~~
SUBJECT: RENEWAL OF THE CONDITIONAL USE
PERMIT AND LICENSE BY THE ELK
RIVER LANDFILL/PUBLIC HEARING
CASE NO.CU93-002 AND ORDINANCE
AMENDMENT (SECTION 604.14) BY THE
CITY OF ELK RIVER
The City of Elk River's license and conditional use permit for
the Elk River Landfill is reviewed and renewed every other
year. These permits deal with technical issues as well as
financial issues.
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When the City initially licensed the landfill the key issues
were what tasks need to be accomplished; for example: where
should monitoring wells be located. During the first renewal
of the permits the timing to accomplish these tasks was of
issue. In the past, City staff and the landfill have been able
to agree on what tasks need to be accomplished and the timing
of those tasks.
The issues for the
landfill is concerned
administering these
landfill have come to
current renewal center on fees. The
with their costs for the City issuing and
permits. Once again, City staff and
an agreement regarding this current issue.
The Planning Commission agreed with staff's proposed changes to
the landfill's license and conditional use permit and are
recommending approval. Included with this memo is the revised
conditional use permit and license. The proposed changes to
these documents are as follows:
1. CUP SECTION 11(03) PAGE 14/LICENSE SECTION 12(03)
PAGE 17
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In these sections a fee per yard of municipal solid
waste disposed of at the landfill is required to be
placed in an escrow account to ensure that the City
has funds to resolve City concerns, if the landfill
were to close. Staff is recommending this fee be
changed from $.15 per yard to $.10 per yard. However,
staff recommends the maximum amount in this fund be
raised from $300,000 to $400,000. The landfill would
be charged this fee until the escrow account reaches
$250,000. At that point, the landfill would no
longer continue to pay the fee. Interest would,
however, continue to increase the fund amount until
$400,000 has been reached. After that point, the
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
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City would place the interest incurred in a fund
chosen by the City Council.
2. CUP SECTION 16, PAGE 15
The landfill has expressed concerns regarding the
cost of City consultants during renewals of their
permits without the landfill having any control. In
order to ensure a frugal use of consultant time,
staff recommends the City pay 30% of the cost
incurred during the conditional use permit renewal
process. The license fee would remain $2,000
(LICENSE SECTION 17, PAGE 18). Further, in
conditional use permit Section 16, staff recommends
the City allow the landfill to pay $1,000 per month
towards City fees, which would be balanced up or down
at the end of the year. This will help the landfill
budget.
3. LICENSE SECTION 14
Staff recommends the expiration date found in this
section be revised to read January 31, 1995.
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CUP SECTION 17, PAGE 16/LICENSE SECTION 18, PAGE 18
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The change to this
reporting emergencies
an imminent danger to
citizens.
section is a mechanism for
to City staff in case they pose
the welfare of Elk River's
ORDINANCE AMENDMENT
Also attached to this memo is a proposed amendment to Section
604.14 of the City Solid Waste Ordinance titled "Expiration,
Renewal, and Revocation." This amendment will be required in
order to act on the landfill's permit prior to its normal
renewal date of January, 1994. This section states the license
for a solid waste facility expires on January 31 of even
numbered years. The change would allow a 2 year permit from
the date it is issued. Revising this section will benefit the
City because we will not have to act on every solid waste
facility that exists during the same month. This amendment
will spread out those renewal dates. This ordinance amendment
does not require public hearing nor does it take a
recommendation from the Planning Commission.
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The above recommended changes to the landfill's license and
conditional use permit do not affect what tasks need to be
accomplished and the timing of those tasks. The landfill has
fallen behind on several items that need to be accomplished.
Staff has recently met with the landfill regarding this subject
and will be pushing for them to come into compliance. Staff
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can elaborate at Monday night's meeting on what items have
fallen behind, if the Council desires.
Also, in a further attempt to be efficient with the use of
consultant time spent on landfill issues, City staff and County
staff are trying to get the City Council and the County Board
to agree to share the services of B.A. Liesch & Associates as
environmental consultants for both the City and County. Staff
would also like to discuss this issue further with the Council
at Monday night's meeting.
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CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
AMENDED CONDITIONAL USE PERMIT
THIS AGREEMENT, made and entered into this
day of
, 1993 by and between the CITY OF ELK RIVER, a
Minnesota municipal corporation (hereinafter referred to as the
City), and ELK RIVER LANDFILL, INC., a Minnesota corporation
(hereinafter referred to as the Permittee), provides as
follows:
WHEREAS, the Permittee owns the following-described real
properties (hereinafter referred to as the Landfill Property)
situated in the City of Elk River:
TRACT A
The northwest quarter of the northwest quarter
(NW 1/4 of NW 1/4) of section 3, township 33,
range 26, Sherburne County, Minnesota.
TRACT B
The north 400 feet of the southwest quarter of the
northwest quarter (SW 1/4 of NW 1/4) in section 3,
township 33, range 26, Sherburne County, Minnesota
and that part of the northeast quarter of the
northwest quarter (NE 1/4 of NW 1/4) west of the
right of way of trunk highway 169 except the
north 469.8 feet thereof, all in section 3,
township 33, range 26, Sherburne County,
Minnesota.
WHEREAS, Permittee has been operating a landfill on Tract A
prior to January 20, 1987, and is currently operating a
landfill at that location (the Landfill); and
WHEREAS, Permittee had not used Tract B for landfill
purposes before January 20, 1987, but is currently developing
it for such purpose; and
WHEREAS, the City adopted an amendment (the Amendment) to
its zoning ordinance authorizing the designation of a Solid
Waste Facility (SWF) district effective January 20, 1987; and
WHEREAS, prior to the adoption of the Amendment, landfill
use was not a permitted or conditional use in any zoning
district within the City; and
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WHEREAS, Permittee's landfill operation on Tract A was a
nonconforming use prior to the adoption of the Amendment; and
WHEREAS, the appropriate and lawful regulation of the use
of land for landfill purposes within the City is a matter of
important public need and interest; and
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WHEREAS, the residents of the City could be adversely
affected by the unregulated operation of the Landfill; and
WHEREAS, the City rezoned the Landfill Property to SWF
district and issued a Conditional Use Permit and Solid Waste
Facility License for the Landfill operation in October, 1988;
and
WHEREAS, Permittee has applied to the City for renewal of
the Solid Waste Facility License and has requested that the
Conditional Use Permit be amended to permit additional
activities on the Landfill Property; and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on the request to amend the
Conditional Use Permit, at which hearings all citizens of the
City of Elk River and other interested parties have had the
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, that Elk River Landfill, Inc., is hereby
granted an amended conditional use permit for landfill and
related operations on the Landfill Property described above,
subject to the terms, conditions and qualifications hereinafter
stated, to wit:
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1.) Scope and Conduct of Landfill Ooerations. The
operation of a solid waste landfill may be conducted on the
Landfill Property in conformance with existing statutory and
regulatory authority and requirements of the City, Sherburne
County (the County), and the Minnesota Pollution Control Agency
(PCA); and in accordance with authorization and limitations
contained in PCA Solid Waste Permit No. 74, the current
Sherburne County Solid Waste Landfill License of the Permittee,
the current City Solid Waste Facility License and this permit.
Landfill operations may be conducted on the Landfill Site only
in accordance with the plans, descriptions, and reports
incorporated in said permits including specifically, but
without limitation, the application for solid waste facility
license and application for conditional use permit dated
February 1, 1988, and the Solid Waste License Renewal
Application submitted November 30, 1990 (including a modifying
submittal dated April 14, 1991).
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2. ) Sc;:o-pe and Conduct of'Re!1atea. Operations.
(01) Recvcling Center. The operation of a recycling
center on the Landfill Property may be conducted, if in
conformance with all applicable terms and conditions of
this permit, subject to the following conditions:
(a) The operation of the recycling center shall
comply in all respects with all applicable
requirements of the City Code of Ordinances and
all applicable federal, state, and county laws
and regulations.
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(b) The recycling center shall be located and
operated as shown on the plans submitted by
Permittee. The recycling center may accept
additional materials, including household
hazardous wastes, provided that Licensee's plan
for handling additional materials and any
changes to the recycling center shall first be
approved in writing by the City.
(c) The recycling center shall be operated by
Permittee. Operation of the recycling center by
a different operator shall require the prior
written approval of the City. Any different
operator of the recycling center must comply
with all of the terms and conditions of this
Permit.
(d) Permittee shall place appropriate signage on the
Landfill Property to direct citizens to the
location of the recycling center.
(e) Used oil recycling areas shall be within an
enclosed building with an impermeable floor and
containment area, as approved by staff.
(f) Battery storage shall be within an enclosed
building with an impermeable floor and
containment area suitable for battery acid, as
approved by staff.
(g) Battery, paper and oil storage areas shall be
separated to reduce fire potential, as approved
by the City Fire Chief.
(h) Permittee shall have a regular schedule for
appliance pick-up, to be approved by City staff.
(02) Yard Waste Composting. The operation of a yard waste
composting facility on the Landfill Property may be
conducted, if in conformance with all applicable terms and
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conditions of this permit, subject to the following
conditions:
(a) The operation of the yard waste composting
facility shall comply in all respects with all
applicable requirements of the City Code of
Ordinances and all applicable federal, state,
and county laws and regulations.
(b) The yard waste composting facility shall be
located and operated as shown on the plans
submitted by Permittee.
(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.
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(e) The yard waste composting facility must be
operated in such a manner as to keep odors to a
minimum. If odor becomes a problem staff may
require more frequent turning of compost piles
and/or watering to ensure that the compost
remains aerobic and breaks down as quickly as
possible.
(f) The maximum amount of yard waste which may be
accepted is 100,000 cubic yards per year.
(g) Positive drainage away from the compost area
must be implemented, as approved by City staff.
(h) Yard waste and/or compost may not be used as
daily cover for the landfill.
(i) That permittee is in strict compliance with all
other terms, conditions and requirements of this
conditional use permit, including specifically,
but not limited to, the operational and
environmental monitoring requirements of
sections 4, 6, and 7, and the requirements of
sections 16 and 24 to make prompt paYment of all
fees and costs due to the City. No yard waste
may be accepted at the yard waste composting
facility if this condition is not complied with.
Permittee must immediately stop accepting yard
waste upon written notice from the City that
there is a violation of this condition.
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(03) Contaminated Soil Storaqe and Treatment. The
operation of a contaminated soil storage and treatment
facility on the Landfill Property may be conducted, in
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conformance with all applicable terms and conditions of
this permit, subject to the following conditions:
(a) The operation of the contaminated soil storage
and treatment 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 contaminated soil storage and treatment
facility shall be located and operated as shown
on the plans submitted by Permittee.
(c) The contaminated soil treatment facility shall
be operated by ConTeck Environmental Services.
Operation of the facility by a different
operator shall require the prior written
approval of the City. Any different operator of
the facility must fully comply with all of the
terms and conditions of this Permit.
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(d) Storage and treatment of contaminated soil
defined as a dangerous waste under Section 604
of the City Code shall be subject to the
requirements of Section 604 of the City Code and
this permit for the handling of Dangerous
Wastes; and to the requirements of the
Licensee's Industrial Solid Waste Management
Plan as approved by the City.
(e) Contaminated soil may be stored at the storage
and treatment facility no longer than one year
before treatment.
(f) Surface water drainage in the vicinity of the
soil storage area must be controlled and must
not enter the liner system of the storage area.
(g) That permittee is in strict compliance with all
other terms, conditions and requirements of this
conditional use permit, including specifically,
but not limited to, the operational and
environmental monitoring requirements of
sections 4, 6, and 7; and the requirements of
sections 16 and 24 to make prompt payment of all
fees due to the City. No contaminated soil may
be accepted at the contaminated soil storage and
treatment facility if this condition is not
complied with. Permittee must immediately stop
accepting contaminated soil upon written notice
from the City that there is a violation of this
condition.
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(04) Demolition Debris. :<^The' operation of a demolition
debris landfill on the Landfill Property may be conducted,
if in conformance with all applicable terms and conditions
of this permit, subject to the following conditions:
(a) The operation of the demolition debris landfill
shall comply in all respects with all applicable
requirements of the City Code of Ordinances and
all applicable federal, state and county laws
and regulations.
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(b) The demolition debris landfill shall be located
and operated as shown on the plans submitted by
permittee.
(c) Permittee shall provide an estimated development
time line for the demolition debris landfill,
including an estimated closure time line, which
shall be updated as appropriate.
(d) Permittee shall pay the demolition debris
surcharge authorized by Minn. Stat. S 11SA.921,
Subd. 2. The Surcharge shall be paid directly
to the City on a monthly basis, and shall be
accompanied by an accurate report on the amount
and type of demolition debris disposed of each
day during the month. The Surcharge due for
each month shall be received by the City no
later than the thirtieth calendar day of the
succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of
this permit and shall be a violation of the
conditions and requirements of this Permit for
the purposes of the related operations
authorized by Section 2 of this Permit.
(e) That permittee is in strict compliance with all
other terms, conditions and requirements of this
conditional use permit, including specifically,
but not limited to, the operational and
environmental monitoring requirements of
sections 4, 6, and 7; and the requirements of
sections 16 and 24 to make prompt payment of all
fees due to the City. No demolition debris may
be accepted at the demolition debris landfill if
this condition is not complied with. Permittee
must immediately stop accepting demolition
debris upon written notice from the City that
there is a violation of this condition.
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(05) Other Related Operations. No other operations or
activities, whether or not related to the Landfill, shall
be permitted or allowed on the Landfill Property unless
this Permit is first amended to specifically allow such
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operations and to specify the applicable conditions' except' .
mining activities or other operations licensed or permitted
separately by City. This restriction shall not apply to
activities, such as mining operations, which are separately
licensed and/or permitted by the City.
3.) Buffer Zone. A Buffer Zone shall be established
within the perimeter of the Landfill Property around the waste
disposal areas of not less than 200 feet. Within this Buffer
Zone, no waste disposal may occur. Permittee shall place an
earth berm, landscaped with evergreen trees and protected from
erosion, at the outside perimeter of the Buffer Zone. Where
the Buffer Zone contains heavily wooded areas, exception to
installing the berm and landscaping shall be allowed.
4.) Soecific Additional O~erational Requirements.
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(01) Leachat~ Transmission Pines. The leachate
transmission pipe shall be redesigned for subsequent
Landfill phases to include the use of secondary containment
capability. Permittee shall annually verify to the City
that the existing pipe does not leak.
(02) Backuo Leachate Pumps. Permittee shall maintain
backup pumps for use in the event of pump failure at the
wet well and leachate storage tank on-site, or shall
maintain provisions for restoring temporary leachate
pumping within a 24 hour period. Future revisions to the
"Contingency Action Plan" submitted to the City shall
describe the specific arrangements for back-up leachate
pumping.
(03) Leachate Holdina Tank. Permittee shall ensure that
the leachate holding tank is pumped out on a regular
schedule. It shall be a violation of this permit to allow
leachate to collect on the liner to a depth exceeding one
foot due to the leachate holding tank being full.
(04) A leachate piezometer shall be installed at the
lowest elevation of the liner in the soil storage area and
subsequent cell 10 liner areas.
(05) Complete final cover operations for the west Landfill
slope by June 1, 1991. A certification report shall be
submitted by July 1, 1992.
(06) Install Landfill gas monitoring wells according to
the provisions of the "Landfill Gas Monitoring Plan,
Phase I Report", December 1989 and modifying submittal
dated March 13, 1990. Installation shall be completed by
December 1, 1991.
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(07) Submittal of Phase II Landfill Gas Assessment Report
by November 1, 1992.
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(08) Submittal of the Landfill Closure Sequencing Plan by
October 1, 1992, including interim surface water drainage
plans.
(09) Installation of Remedial Investigation water
monitoring wells according to the provisions of the
"Corrective Action Investigation Revised Work Plan",
December 1989 and April 14, 1991 submittal. Installation
to be completed by December 1, 1991.
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(10) Sampling of Remedial Investigation water monitoring
wells according to the provisions of the "Corrective Action
Investigation Revised Work Plan" December 1989 and
April 14, 1991 submittal. Sampling to be completed by
May 1, 1992.
(11) Preparation and submittal of the Remedial
Investigation Report by August 1, 1992.
(12) Preparation and submittal of the Feasibility Study
Report by January 1, 1993.
(13) Installation of the Selected Remedial Action and
initiation of operation as necessary by October 1, 1993.
This date may be extended by action of the City Council,
upon a showing by Permittee that MPCA review and approval
of the proposed Remedial Action has caused a delay in
installation.
(14) Submittal of design and operations plans for future
Landfill expansion by November 3, 1993.
(15) Completion of the North Landfill slope final cover
system and submittal of a construction certification report
by December 1, 1993.
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(16) Construction Ouality Assurance Reports. A
Construction Quality Assurance (CQA) Report shall be
submitted to the City prior to the placement of waste on
newly constructed lined areas. A CQA report shall also be
submitted for Landfill areas which receive final cover.
The report shall demonstrate that the work is completed to
the plan specifications. The Report shall be certified by
an engineer registered in the State of Minnesota and shall
include but not be limited to:
(a) All relevant construction specifications;
(b) All shop drawings for prefabricated components;
(c) Photo documentation of all critical aspects of
construction;
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(d) Deflection testing results for leachate
collection and transmission pipes;
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(e) Narrative description of all as-built variances
from the plans and/or specifications;
(f) As-built cross-sections of the liner subgrade;
(g) As-built elevations for all pipe inlets and
outlets and pump-on/pump-off controls;
(h) Completed manufacturer warranties;
(i) All physical testing results
(17) The Permittee shall notify the City at least two (2)
days in advance of liner barrier layer installation or
final cover barrier layer installation. The Permittee
shall assist the City in arranging inspection of the site
at any reasonable time the City requests. The Permittee
shall keep the City informed of ongoing construction
progress and shall specifically notify the City of
significant changes encountered in the geological,
hydrological, or construction conditions. The City may
reasonably require work which is covered or otherwise
obscured prior to City inspection, to be re-excavated for
City inspection.
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(18) Temporary Fencino - On-Site Litter Control. Litter
control fences shall be placed around the working area(s)
of the Landfill to prevent the blowing of paper or other
litter on or off site. The Permittee shall assign
employees to inspect the Landfill Site and shall clean up
the areas where litter accumulates on the Landfill Site.
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(19) Permanent Fencing. The Permittee shall install a
minimum six-foot high fence (to which the Permittee may add
three strands of barbed wire at the top) around the
perimeter of the site if and when necessary, based upon
reasonable concerns regarding public safety or trespassing
or uncontrolled dumping.
(20) Public Information. The Permittee shall place a sign
at the entrance to the Landfill Site which describes in
common terms the substances which may be disposed at the
Landfill and those substances which may not be accepted for
disposal.
(21) SanitarY Facilities. Adequate sanitary facilities
and shelter shall be provided for site personnel.
(22) Electrical Service. Adequate electrical service
shall be provided at the site for operations and repairs.
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(23) Fire Fiqhting. Fire fighting equipment including at
least one piece of heavy equipment, fire extinguishers in
all machines working in the Landfill, and a water truck
shall be kept available on the site during the active life
of the Landfill. The self-contained breathing apparatus
purchased for the City Fire Department shall be available
for use by Permittee on a temporary basis, as approved by
the Fire Chief. Permittee shall make a landfill operator
available at the request of the City Fire Chief to consult
and advise the fire department about landfill fire fighting
issues.
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(24) Safety Eauioment. 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.
(25) Water. A potable water supply shall be available for
site personnel.
(26) Storage. Adequate on-site shelter shall be provided
for maintenance and storage, sufficient to supply the
equipment required by subsection (19) of this section,
during cold weather operations.
(27) Vehicle Stackinq 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.
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(28) Communication. Adequate communication facilities
shall be provided for emergency purposes.
(29) Security. A gate shall be provided at the entrance
to the site and kept locked when an attendant is not on
duty.
(30) Haul Roads. An all-weather haul road shall be
provided to the unloading area.
(31) 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.
(32) Information Dis~lay. Subject to approval by the City
Council, the permittee shall erect and 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
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facility, the Minnesota Pollution Control Agency permit
number and the penalty for nonconforming dumping.
(33) Screening. Visual screening of the Sanitary Landfill
site, as approved by the City Council, shall be provided by
the use of natural objects, trees, plants, seeded soil
berms, fences, and other suitable means. The existing
vegetative conditions within the 100' buffer zone around
the Landfill satisfies this condition.
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(34) Small-Load Dumping Site. The Permittee shall, 'during
all hours of operation, maintain and operate a separate
suitable and safe disposal area for the dumping of small
loads by pickup trucks, cars, and trailers from May 1 to
October 31 each year. This separate site shall be located
and operated with due regard for the nature of the vehicles
bringing such loads, and the normal frequency of such
dumping.
5.) Off-Site Litter Control. The Permittee shall be
responsible for removing litter which is along roads and
streets in the vicinity of the landfill (within 1/2 mile of
the landfill gate) caused by vehicles using the landfill.
Litter removal activities shall be instituted promptly
following information of such accumulation. In the event
the Permittee fails to remove litter within forty-eight
(48) hours of notice of accumulation of litter by the City,
the City may cause such litter to be removed. The City
shall bill the cost of such removal to the Permittee, which
shall remit payment within thirty (30) days of the date of
such billing. Visual checks for litter accumulation shall
be made at least once daily by employees of the Permittee
and litter removal shall occur a minimum of two (2) times
per month. Permittee shall also be responsible for
ensuring that all trucks which leave the facility are free
of any litter or debris which could blow onto surrounding
streets and roads.
6.) Site Environmental Monitorinq.
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(01) On-site Groundwater. The Permittee shall perform on-
site water quality testing at the monitoring wells in the
manner required by the PCA perrni t . The wells shall meet
current Department of Health Well Code Standards. Reports
of the test results shall be transmitted to the City at the
same time they are transmitted to the PCA.
(02) Surface Water Ouality. The Permittee shall have
surface water quality tests performed in conjunction with
sampling quarterly events when water is present for three
(3) consecutive months in anyon-site wetland.
(03) Off-Site Groundwater Ouality. The Permittee shall
arrange for the testing of the individual private wells
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located within three thousand (3,000) feet of the landfill
boundaries, indicated on the location map, attached as
Exhibit 7. Samples shall be tested annually. All private
wells shall be analyzed for pH, COD, ammonia, chlorides,
specific conductance, and volatile organic compounds (MDH
method 465C and EPA method 601, 602).
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(04) Modification. The testing programs specified in this
Section 6 may be modified by the City Council if the City
Council 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.
7.) Hydrogeologic Reports. The investigation of the
hydrological and geophysical characteristics of the site shall
be continued and any other new information relating to the
hydrogeologic impact of the site shall be reported to the City.
Hydrogeologic reports shall be updated, amended, and modified
as warranted by newly discovered or additional data acquired in
the continued hydrogeologic investigation. The Permittee shall
also notify City at least two (2) days in advance of any soil
boring or well construction required by this Permit.
8.) 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
delinquiescent chemical whenever off-site dust levels become
unreasonable as determined by the City Zoning Administrator.
Dust pollitives shall be utilized to the extent necessary on
cover material such as stock piles to reduce wind erosion as
well as on other exposed surfaces as appropriate. Cover
compaction and revegetation activities shall be undertaken
promptly on the completion of various fill areas and
vegetative cover capable of quick growth shall be utilized.
Plantings of bushes and trees shall be installed if needed to
buffer the Landfill Site and minimize wind erosion.
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All equipment and vehicles utilized at the Landfill Site
shall be periodically inspected and maintained to minimize
noise. Vegetative barriers along the boundaries of the
Landfill Site shall be utilized to minimize off-site noise
impacts. Applicable state standards for noise pollution shall
not be exceeded by the Landfill operation, equipment, vehicles,
or machinery.
The Permittee shall take reasonable actions to control
odors from the Landfill Site.
9.) Closure. Within six (6) months of a written demand
by the City, but in no event later than one (1) year prior to
the date projected for cessation of landfill operations, the
Permittee shall submit to the City for approval an updated
closure and post-closure plan for the Landfill Site.
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10.) Insurance. The Permittee shall secure and maintain
insurance from an insurance company acceptable to the City and
authorized to write casualty insurance in the State of
Minnesota which will protect the Permittee, its agents and
employees, and the City from claims for bodily injury, death,
or property damage which may arise from the operations on the
Landfill Site. The Permittee shall file a certificate of
insurance or a certified copy of the insurance policy with the
City. Such insurance policy shall contain a clause providing
that it shall not be cancelled by the insurance company without
thirty (30) days' written notice to the City of intention to
cancel. The following coverages shall be provided in amounts
not less than those specified:
(01) Public liability, general liability, loading and
unloading, personal injury, and property damage:
(a) $200,000 per claimant
(b) $600,000 per occurrence
(c) $600,000 annual aggregate
(02) Automobile and truck public liability, personal
injury, and property damage, including owned and nonowned
vehicles with a $500,000 minimum limit.
.
(03) The City may require additional insurance be provided
by the Permittee if market conditions change such that
additional coverage become economically practicable. The
insurance limits required by this section shall be reduced
if these insurance limits are not reasonably and
economically available. For the purposes of this
subsection "economically practicable" and reasonably and
"economically available" shall be determined by the
insurance coverages affected by the Minnesota Joint
Underwriters Association or the readily available private
insurance market.
.
11. ) Bonding.
(01) The Permittee shall furnish a surety bond in the
amount of Three Hundred Thousand Dollars ($300,000) to run
continuously (annual renewal allowed) until all landfill
operations and closure activities are completed to ensure
compliance with the terms and conditions of this
Conditional Use Permit. Such bond shall be made by an
insurance company or other financial institution acceptable
to the City and shall be in a form acceptable to the City
and its attorney. The bond shall be subject to
cancellation by the obligor by giving one hundred twenty
(120) days' prior written notice to the City. The
Permittee shall renew each such bond no more than sixty
(60) days after any such written notice, and failure to so
13.
renew the bond shall be an event of default of the
obligations of the Permittee and shall constitute ground
for immediate and automatic revocation of this permit.
Said bond shall provide that if the Permittee refuses to
obey any of these requirements or to any of the acts
required by this Conditional Use Permit or for any reason
ceases to operate or abandons the landfill, and the City is
required to expend monies or labor or material to restore
the Landfill Site to the condition and requirements
required by this Conditional Use Permit, the obligor shall
reimburse the City for any and all expenses incurred to
remedy the failure of the Permittee to comply with this
permit, and the obligor shall indemnify and save the City
harmless from all losses, costs, and charges that may occur
to the City because of any default by the Permittee. The
bond may be in a form exercisable by both the City and the
County provided that such exercise feature allows its use
on instruction by either or both the City or County.
.
(02) In the event this, or any subsequent permit is
revoked or the Permittee closes operation of the landfill
for any reason, including but without limitation, order of
the court or other agency of competent jurisdiction,
bankruptcy, insolvency, or abandonment, the Permittee shall
immediately proceed to close, cover, and grade the Landfill
Site according to an environmentally sound closure plan
which shall be approved by the City and which shall comply
with all requirements of the PCA and Sherburne County
relating to final closure. In the event the Permittee
fails to comply with the terms of this subparagraph (02),
the City may, upon ninety (90) days' prior notice to the
Permittee, enter into the property and perform all such
obligations, the costs of which shall be borne by the
Permittee, or, in default thereof, by its surety.
.
(03) In lieu of the bond required in this section, the
Permittee shall fund an interest bearing escrow account at
the City. Permittee shall deposit an initial sum of
$17,325.19 and thereafter $.10 shall be deposited monthly
into this account for each cubic yard of mixed municipal
solid waste disposed of at the Landfill until the escrow
account (including interest) has reached a total of
$250,000. Interest shall then continue to accrue and
remain in the escrow account until the escrow account
reaches the total amount of $400,000. Interest earned
thereafter shall be deposited in the City's general fund.
Disbursements from this escrow account shall be made only
for the purposes described in part (01) herein until the
completion of all closure and postclosure monitoring
activities at the Landfill Property to the satisfaction of
the City, at which time any account balance shall be
disbursed to Permittee.
12.) Aoplicability of Conditional Use Permit. This permit
shall apply to the entire Landfill Site including the
.
14.
preexisting landf il:l:area,: ~{TractAf.':aswell'ri as lEneexpanded~7l21
area (Tract B). This Conditional Use 'Permit shallprUn with the -
real property and apply to the Permittee, its successors, and
assigns.
.
13.} Permit Period. This permit shall be in force and
effect until the landfill ooerations authorized herein are
completed and the landfill Is closed in compliance with the
closure plan.
14.) Violation of Conditions. If the Permittee or its
successors or assigns violates any term or condition imposed by
this Conditional Use Permit, or any solid waste facilities
license issued for operation of the Landfill, this conditior~l
use permit may be revoked and terminated. Without limiting the
foregoing, the violation of any statute, regulation, ordinance,
or permit condition imposed by lawful governmental authority
and governing operations on the Landfill Property is grounds
for suspension, revocation or termination of this Conditional
Use Permit. The change, alteration, or amendment of any such
statute, regulation, ordinance, or permit condition by any
governmental authority other than the City shall not excuse the
Permittee from compliance with statutes, regulations,
ordina~ces, or permit or license conditions in effect on the
date of the original issuance of this permit unless compliance
is waived or excused by the City Council. The City shall not
unreasonably refuse to waive or excuse compliance with existing
permit or license conditions.
.
lS.} Documents, Reoorts. and ~~os. Copies of all
documents, reports, and maps which are required to be supplied
to the PCA or to Sherburne County shall also be supplied to the
City, at the same time.
16.) Charces and Fees. The Pe=mittee agrees to pay to the
City the City's reasonable costs for administering, enforcing,
modifying and amending this Conditional Use Permit, as follows:
(Ol) Permittee shall pay 70% of the City's costs for
processing renewals, amendments or proposed amendments to this
Permi t i and
(02) Permittee shall pay 100% of the City's costs for
administering and enforcing the terms of this Permit, including
costs for reviewing Permittee's compliance with the terms and
conditions of this Permit, costs for bringing Permittee into
compliance with the terms and conditions of this Permit
(including legal costs) i and City costs incurred for review of
Permittee initiated requests such as "CO-disposal" approvals,
etc.
.
15.
Payment of such costs shall be made as follows:
(01) Commencing January 1, 1993, Permittee shall pay to
the City on the first day of eac~ month in 1993 the amount of
$1,000 to be deposited in an interest-bearing escrow account
which shall be used by the City to pay said costs.
(02) If, as of December 31, 1993, the costs incurred by
City have been less than $12,000, City shall refund the
difference to Permittee and Pe~it:ee shall concinue to pay at
a rate of $1,000 per month in 1994.
(03) If, as of December 31, 1993, the costs incurred by
City have exceeded $~2,OOO, the a~ount to be paid by Pe~ittee
on the first day of each month in 1994 shall be increased to
the average monthly costs incurred in 1993, plus an amount
sufficient to reimburse City for the shortage in 1993.
17.} On-Site Inspection. The City may inspect the
Landfill Site for the purposes of examining and copying
nonconfidential records; conducting inspections, surveys,
investigations, monitoring, or sampling; and otherwise
obtaining necessary information pertaining to the construction,
operation, and environmental effect of the disposal facility,
control equipment, and control ~aterials. 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
ti~e of inspection. Permittee shall promptly notify the City
of the name of an authori:ed person to be notified and provide
access to the landfill in case of emergency. The City shall be
notified by the Permittee immediately upon the occurrence of
any explosion, fire, or other ~~ergency at the Landfill; upon
the discovery, release or spill 0: hazardous or dangerous
materials, as defined in the C~ty of Elk River Solid Waste
Ordinance, at the Landfill; and of any violations of the
conditions of tr.is Permit. The specific requirements for how,
when and who to notify at the City shall be set forth in a
separate letter from City staff to Permittee. This letter ~ay
be revised or supplemented by City staff from time to time as
necessary to address the City'S needs for notification.
18.) InderrL~itv. The Permittee shall indemnify, defend,
and hold the City harmless from all claims, demands, and/or
actions, legal and/or equitable arising from the operations on
the Landfill Site.
19.} Worker's Ccrn~ensation. The Permit:ee shall carry in
a company authorized to transact business in the Stace of
~esota a policy of insurance fulfilling all requirements of
the Worker's Co~ensation Act, including all legal requirements
for occupational. diseases, or self-insure for the above.
16.
~.
.
.
.
.
20.) Split Samnle~. The Permittee shall notify the City
forty-eight (48) hours before any sampling of groundwater or
surface water and allow the City to obtain split samples of
such Waters.
21.) ~iqht to Require Performance. The failure of the
City, at any time, to re~~ire performance by the Permittee of
any provisions hereof shall in no way affect the riqht 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.
22.) Severability. If any provision of this Conditional
Use Per.nit shall be declared void or unenforceable, the other
provisions shall not be affected, but shall remain in full
force and effect.
23.) Amendmen~. This Permit shall not be considered
modified, altered, changed, or amended in any respect unless
approved by the City Council as required by City Ordinance.
.
24.) Lanqfill SurCharge Fees. This Permit does not waive
the City'S right to collect the surcharge authorized by Minn.
Stat. ~ 113A.921, Subd. 1 (the Surcharge). The Surcharge shall
be paid directly to the City on a monthly basis, and shall be
accompanied by an accurate report on the amount and type of
solid waste disposed of in the landfill each day during the
month. The Surcharge due for each month shall be received by
the City no later than the thirtieth calendar day of the
succeeding month. Failure to pay the surcharge fee when due
shall be cause for revocation of this Dermic and shall be a
violation of the conditions and reouirements of this Permit for
the purposes of the related opera:~ons authorized by Section 2
of this Permit.
23.) Conflicts. In any cases in which the Pe~ttee
believes there is an irreconcilable conflict between the
requirements of this Conditional Use Permit and Laws, Rules,
RegUlations, or Order of any other governmental authority, the
Permittee shall promptly notify the City of such irreconcilable
conflict and re~~est an amendment of this Conditional Use
Permit. Until such time as the City acts upon a request for an
arnen~Toent to this Conditional Use Pe~t, which it may gran: or
deny in its sole discretion, the terms of this Permit shal~
gover= all operations at the Landfill Site and shall pre~~l
over the provisions of any document Submitted by t~e Per.m~t.
Holder and any requirements of state or federal law. The C~ty
shall not unreasonably refuse to amend this Permit or ~aive
COmpliance with this Permit in order to prevent violatlon of
the law.
.
.0.: '.. .
17.
J
26.) Modification"~~SUSpEm5ion,~"br'Revocat:ion"or" PePnit;'"7:s~:.~;J,~,Q.":"L?;
The violation of any of the terms of this Permit is ground for
suspension or revocation hereof. Furthermore, the City
specifically reserves the right, and the Permittee agrees that .
this Permit may be amended, suspended, o~ revoked by the C~ty
as reasonably required to protect the public health, safety,
welfare, and the environment. Specifically, but without
limiting the foregoing, the City may amend, suspend, or revoke
this Permit, whenever any ~eliable info~4tion is secured f~om
a recognized sou~ce which demonst~ates that the continued
operation of the landfill places the public health, safety,
welfare, or the envirorJmen: in jeopardy. Such info~tion
includes, but is not limited to the following:
(01) A determination that (other than as indicated in the
permit application) leachate generated at the Landfill Site
is migrating to surface or ground waters in a way that
threatens the public health, safety, or general welfare.
(02) A determination that (other than as indicated in the
permit application) standard recommended health advisory
levels or intervention levels for drinking water (whether
promulgated as of the date of this Permit or at a later
date, by the United States Environmental Protection Agency,
the Minnesota Depar~ment of Health, the Minnesota Pollution
Control Agency, or any other governmental agency
promulgating standa~ds for toxic wastes, hazardous wastes,
pollutants, or contaminants in groundwaters or surface
waters) are being violated as a result of landfill
operations.
.
(03) A determination that the emission of landfill gas on
or adjacent to the Land=ill Site is creating or threatens
to create a health or safety hazard to the ccmrnunity.
Without limiting the foregoing, the City reserves the right to
amend this Permit to impose upon the Permittee the obligation
to comply with any state or federal law or regulation relating
to the operation of sanitary landfills, whether or not said
laws or regulations apply by their te~s to preexisting
landfills. Suspension, revocation, or amen~7.ent of this
Conditional Use Permit may be ordered only after a public
hearing on such suspension, revocation, or amendment, preceded
by thirty (30) days' written notice to the Permittee, or at the
time of consideration of renewal of this Permit. Notice of
hearing shall include a statement of the proposed action by the
City and the reasons therefor.
Dated:
.
18.
"-
.
.
.
ATrEST:
1~-_~-:-;'~~_~;;-~; -i'
THE CITY OF ELK RIVER:
~r~_~ ~~~C' _.....:_~~, ~_
By:
Pat:ick D. Klaers
Its: Mayor
ELK RIVER LANDFILL, INC.
By:
Its:
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1993, by Hank Duitsman, the ~4yor 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 :his
day of , 1993, by Patrick D. Klaers, the City
Administrator 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 instr~ent was acknowledged before me this
day of , 1993, by , the
of Elk River Landfill, Inc., a Minnesota
corporation, on behalf of the corporation.
Notary Public
19.
&.. . r-4
...
.
.
.
CITY OF ELK RIVER
SOLID WASTE FACILITY
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this
day of
, 1993, by and between the CITY OF ELK RIVER, a
Minnesota municipal corporation (hereinafter referred to as the
City), and ELK RIVER LANDFILL, INC., a Minnesota corporation
(hereinafter referred to as the Licensee) .
WHEREAS, the Licensee made application to the City in 1988
for the issuance of a solid waste facilities license, pursuant
to Elk River Code of Ordinances ~ 604.26, for the operation of
a sanitary landfill (hereinafter referred to as the Landfill)
on the following described real properties (hereinafter
referred to as the Landfill Property) situated in the City of
Elk River:
Tract A
The northwest quarter of the northwest quarter
(NW 1/4 of NW 1/4) of section 3, township 33,
range 26, Sherburne County, Minnesota.
Tract B
The north 400 feet of the southwest quarter of the
northwest quarter (SW 1/4 of NW 1/4) in section 3,
township 33, range 26, Sherburne County,
Minnesota.
That part of the northeast quarter of the
northwest quarter (NE 1/4 of NW 1/4) west of the
right of way of trunk highway 169 except the
north 469.8 feet thereof, all in section 3,
township 33, range 26, Sherburne County,
Minnesota.
for which the City Council directed the issuance of a
conditional use permit contemporaneous with the issuance of a
License; and
WHEREAS, the City Council directed the issuance of a solid
waste facilities license to Elk River Landfill, Inc. (Licensee)
conditioned upon compliance with the conditions set forth in
the October 3, 1988 License Agreement, in order to mitigate the
potential adverse affects of the Landfill on the general
welfare of persons and property within the City; and
.,' .
WHEREAS, Licensee has applied for renewal of the Solid
Waste Facility License issued in 1988; and
WHEREAS, the City Council of the City of Elk River has held
a hearing on the proposed renewal of the Solid Waste Facility
License, at which hearing all citizens of the City of Elk River
and other interested persons have had the opportunity to be
heard.
.
NOW, THEREFORE, the City grants to the Licensee, and the
Licensee accepts a solid waste facilities license for the
operation of a sanitary landfill and related activities on the
the Landfill Property subject to the terms, conditions and
qualifications hereinafter stated, to wit:
1.) Siqnificant Persons. The person responsible for
actual operation and maintenance of the Landfill and the
representatives to whom communications concerning this license
should be addressed is Chris Kreger, whose address is 11661 -
225th Avenue N.W. Elk River, Minnesota. The sanitary landfill
site is presently owned by Elk River Landfill, Inc., whose
address is 22460 Highway 169 N.W., Elk River, Minnesota 55330.
2.) Scope and Conduct of Landfill Operations. The
operation of a solid waste sanitary landfill may be conducted
on the Landfill Property in conformance with existing statutory
and regulatory authority and requirements of the City,
Sherburne County and the Minnesota Pollution Control Agency and
in accordance with authorization and limitations contained in
MPCA Solid Waste Permit No. 74, the current Sherburne County
solid waste landfill license issued to the Licensee, and this
license and the conditional use permit issued for the Landfill.
Provided, however, that the Landfill shall be operated and
developed consistent with the following plans and reports which
have been submitted to the City:
.
(01) "Cells 6, 10, 11 Revised Engineering and Operations
Plan", March 1989
(02) "Corrective Action Investigation Revised Work Plan",
December 1989 and April 4, 1991 Addendum
(03) "Permit Application, Soil Storage Area", (revised)
November 1990
(04) "Financial Assurance Report - 1990i', November 1990
(05) "Landfill Gas Monitoring Plan, Phase 1 Report",
December 1989 and modifying submittal dated March 13, 1990
(06) "Recycling Facility Design Report and Operations
Manual", May 1990
(07) "1990 Annual Report", January 1991
.
2.
(08) "Report on Water Quality for 1990", January 1991
.
(09) "Final Cover Design", September 1991
(10) Solid Waste License Renewal Application submitted
November 30, 1990 and modifying submittal of April 14,
1991.
(11) Industrial Solid Waste Management Plan, Version D,
August 1991
and further conditioned upon submittal of annual reports
describing the following:
(01) Monthly and Annual Waste Disposal Volume.
(02) Schedule of construction activities for the
forthcoming year.
(03) Type, Quantity and Source of Material to be Disposed.
(04) Remaining permitted capacity.
(05) Updated contour map which indicates the elevations of
all fill areas.
(06) Assessment of the Financial Assurances Plan.
.
(07) Evaluation of the Water Monitoring System and a
proposal for continued sampling and analysis.
(08) Detailed evaluation of all water quality results by
means of tables and graphs.
(09) A groundwater contour map based on the previous
years' groundwater level data.
The above described reports and any proposed changes in the
plans and reports shall be reviewed and approved, approved
with modification, or disapproved by the City. The City
may not unreasonably disapprove or unreasonably require
modification of any report. The City may also make
reasonable modifications to the conditions of the license
based upon a submittal from the Licensee. The City shall
respond to Licensee submittals on a timely basis, which
shall be no later than formal MPCA time lines for review
and comment for concurrent submittals.
.
3.) Scope and Conduct of Related Operations.
(01) Recycling Center. The operation of a recycling
center on the Landfill Property may be conducted, if in
conformance with all applicable terms and conditions of
this license, subject to the following conditions:
3 .
(a) The operation of the recycling center shall
comply in all respects with all applicable
requirements of the City Code of Ordinances and
all applicable federal, state, and county laws
and regulations.
.
(b) The recycling center shall be located and
operated as shown on the plans submitted by
Licensee. 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 the City. 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, to be approved by City staff.
(02) Yard Waste Compostinq. The operation of a yard waste
composting facility on the Landfill Property may be
conducted, if in conformance with all applicable terms and
conditions of this license, subject to the following
conditions:
(a) The operation of the yard waste composting
facility shall comply in all respects with all
applicable requirements of the City Code of
Ordinances and all applicable federal, state,
and county laws and regulations.
.
4.
.
(b) The yard waste composting facility shall be
located and operated as shown on the plans
submitted by Licensee.
(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) Contaminated Soil Storaqe and Treatment. The
operation of a contaminated soil storage and treatment
facility on the Landfill Property may be conducted, in
conformance with all applicable terms and conditions of
this License, subject to the following conditions:
.
(a) The operation of the contaminated soil storage
and treatment 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.
5.
(b) The contaminated soil storage and treatment
facility shall be located and operated as shown
on the plans submitted by Licensee.
(c) The contaminated soil treatment facility shall
be operated by ConTeck Environmental Services.
Operation of the facility by a different
operator shall require the prior written
approval of the City. Any different operator of
the facility must fully comply with all of the
terms and conditions of this License.
.
(d) Storage and treatment of contaminated soil
defined as a dangerous waste under Section 604
of the City Code shall be subject to the
requirements of Section 604 of the City Code and
this License for the handling of Dangerous
Wastes; and to the requirements of the
Licensee's Industrial Solid Waste Management
Plan as approved by the City.
(e) Contaminated soil may be stored at the storage
and treatment facility no longer than one year
before treatment.
(f) Surface water drainage in the vicinity of the
soil storage area must be controlled and must
not enter liner system of the storage area.
.
(g) That Licensee is in strict compliance with all
other terms, conditions and requirements of this
License, including specifically, but not limited
to, the operational requirements, performance
standards, and environmental monitoring
requirements of sections 4, 6, 7, and 8; and the
requirements of sections 17 and 2S to make
prompt paYment of all fees due to the City. No
contaminated soil may be accepted at the
contaminated soil storage and treatment facility
if this condition is not complied with.
Licensee must immediately stop accepting
contaminated soil upon written notice from the
City that there is a violation of this
condition.
(04) Demolition Debris. The operation of a demolition
debris landfill on the Landfill Property may be conducted,
if in conformance with all applicable terms and conditions
of this License, subject to the following conditions:
(a) The operation of the demolition debris landfill
shall comply in all respects with all applicable
requirements of the City Code of Ordinances and
all applicable federal, state and county laws
and regulations.
.
6.
.
(b) The demolition debris landfill shall be located
and operated as shown on the plans submitted by
Licensee.
(c) Licensee shall provide an estimated development
time line for the demolition debris landfill,
including an estimated closure timeline, which
shall be updated as appropriate.
(d) Licensee shall pay the demolition debris
surcharge authorized by Minn. Stat. S 11SA.921,
Subd. 2. The Surcharge shall be paid directly
to the City on a monthly basis, and shall be
accompanied by an accurate report on the amount
and type of demolition debris disposed of each
day during the month. The Surcharge due for
each month shall be received by the City no
later than the thirtieth calendar day of the
succeeding month. Failure to pay the surcharge
fee when due shall be cause for revocation of
this License and shall be a violation of the
conditions and requirements of this License for
the purposes of the related operations
authorized by Section 3 of this License.
.
(e) That Licensee is in strict compliance with all
other terms, conditions and requirements of this
License, including specifically, but not limited
to, the operational requirements, performance
standards and environmental monitoring
requirements of sections 4, 6, 7, and 8; and the
requirements of section 17 and 25 to make prompt
paYment of all fees due to the City. No
demolition debris may be accepted at the
demolition debris landfill if this condition is
not complied with. Licensee must immediately
stop accepting demolition debris upon written
notice from the City that there is a violation
of this condition.
(05) Other Related Operations. No other operations or
activities, whether or not related to the Landfill, shall
be permitted or allowed on the Landfill Property unless
this License is first amended to specifically allow such
operations and to specify the applicable conditions except
mining activities or other operations licensed or permitted
separately by the City. This restriction shall not apply
to activities, such as mining operations, which are
separately licensed and/or permitted by the City.
.
7.
4.) Specific Additional Operational Re~irements.
(01) Leachate Transmission Pipes. The leachate
transmission pipe shall be redesigned for subsequent
Landfill phases to include the use of secondary containment
capability. Licensee shall annually verify to the City
that the existing pipe does not leak.
.
(02) Backup Leachate Pumps. Licensee shall maintain
backup pumps for use in the event of pump failure at the
wet well and leachate storage tank on-site, or shall
maintain provisions for restoring temporary leachate
pumping within a 24 hour period. Future revisions to the
"Contingency Action Plan" submitted to the City, shall
describe the specific arrangements for back-up leachate
pumping.
(03) Leachate Holding Tank. Licensee shall ensure that
the leachate holding tank is pumped out on a regular
schedule. It shall be a violation of this license to allow
leachate to collect on the liner to a depth exceeding one
foot due to the leachate holding tank being full.
(04) A leachate piezometer shall be installed at the
lowest elevation of the liner in the soil storage area and
subsequent cell 10 liner areas.
(05) Complete final cover operations for the west Landfill
slope by June 1, 1991. A certification report shall be
submitted by July 1, 1992.
.
(06) Install Landfill gas monitoring wells according to
the provisions of the "Landfill Gas Monitoring Plan,
Phase I Report", December 1989 and modifying submittal
dated March 13, 1990. Installation shall be completed by
December 1, 1991.
(07) Submittal of Phase II Landfill Gas Assessment Report
by November 1, 1992.
(08) Submittal of the Landfill Closure Sequencing Plan by
October 1, 1992, including interim surface water drainage
plans.
(09) Installation of Remedial Investigation water
monitoring wells according to the provisions of the
"Corrective Action Investigation Revised Work Plan",
December 1989 and April 14, 1991 submittal. Installation
to be completed by December 1, 1991.
(10) Sampling of Remedial Investigation water monitoring
wells according to the provisions of the "Corrective Action
Investigation Revised Work Plan" December 1989 and
April 14, 1991 submittal. Sampling to be completed by
May 1, 1992.
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8.
(11) Preparation and submittal of the Remedial
Investigation Report by August 1, 1992.
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(12) Preparation and submittal of the Feasibility Study
Report by January 1, 1993.
(13) Installation of the Selected Remedial Action and
initiation of operation as necessary by October 1, 1993.
This date may be extended by action of the City council,
upon a showing by Licensee that MPCA review and approval of
the proposed Remedial Action has caused a delay in
installation.
(14) Submittal of design and operations plans for future
Landfill expansion by November 3, 1993.
(15) Completion of the North Landfill slope final cover
system and submittal of a construction certification report
by December 1, 1993.
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(16) Construction Ouality Assurance Reports. A
Construction Quality Assurance (CQA) Report shall be
submitted to the City prior to the placement of waste on
newly constructed lined areas. A CQA report shall also be
submitted for Landfill areas which receive final cover.
The report shall demonstrate that the work is completed to
the plan specifications. The Report shall be certified to
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) Deflection testing results for leachate
collection and transmission pipes;
(e) Narrative description of all as-built variances
from the plans and/or specifications;
(f) As-built cross-sections of the liner subgrade;
(g) As-built elevations for all pipe inlets and
outlets and pump-on/pump-off controls;
(h) Completed manufacturer warranties;
.
(i) All physical testing results
(17) Licensee shall notify the City at least two (2) days
in advance of liner barrier layer installation or final
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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.
.
(18) Temporary Fencinq - On-Site Litter Control. Litter
control fences shall be placed 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 inspect the Landfill Site and shall clean up the areas
where litter accumulates on the Landfill Site.
(19) Permanent Fencing. The Licensee shall install a
minimum six-foot high fence (to which the Licensee may add
three strands of barbed wire at the top) around the
perimeter of the site if and when necessary based upon
reasonable concerns regarding public safety or trespassing
or uncontrolled dumping.
(20) Public Information. The Licensee shall place a sign
at the entrance to the Landfill Site which describes in
common terms the substances which may be disposed at the
Landfill and those substances which may not be accepted for
disposal.
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(21) Sanitarv Facilities. Adequate sanitary facilities
and shelter shall be provided for site personnel.
(22) Electrical Service. Adequate electrical service
shall be provided at the site for operations and repairs.
(23) Fire Fighting. Fire fighting equipment including at
least one piece of heavy equipment, fire extinguishers in
all machines working in the Landfill, and a water truck
shall be kept available on the site during the active life
of the Landfill. The self-contained breathing apparatus
for the City Fire Department shall be available for use by
the Licensee on a temporary basis, as approved by the Fire
Chief. Licensee shall make a landfill operator available
at the request of the City Fire Chief to consult and advise
the fire department about landfill fire fighting issues.
(24) 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.
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10.
(25) Water. A potable water supply shall be available for
site personnel.
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(26) Storage. Adequate on-site shelter shall be provided
for maintenance and storage, sufficient to supply the
equipment required by subsection (19) of this section,
during cold weather operations.
(27) Vehicle Stackinq 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.
(28) Communication. Adequate communication facilities
shall be provided for emergency purposes.
(29) Security. A gate shall be provided at the entrance
to the site and kept locked when an attendant is not on
duty.
(30) Haul Roads. An all-weather haul road shall be
provided to the unloading area.
.
(31) 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.
(32) Information Display. Subject to approval by the City
Council, the licensee shall erect and maintain at each
entrance to the Landfill Property a sign stating the name
of the facility, the schedule of days and hours the
facility is open to the public, prices for use of the
facility, the Minnesota Pollution Control Agency permit
number and the penalty for nonconforming dumping.
(33) Screening. Visual screening of the Sanitary Landfill
site, as approved by the City Council, shall be provided by
the use of natural objects, trees, plants, seeded soil
berms, fences, and other suitable means. The existing
vegetative conditions within the 100' buffer zone around
the landfill satisfies this condition.
(34) Small-Load Dumping Site. The Licensee shall, during
all hours of operation, maintain and operate a separate
suitable and safe disposal area for the dumping of small
loads by pickup trucks, cars, and trailers from May 1 to
October 31 each year. This separate site shall be IOGated
and operated with due regard for the nature of the vehicles
bringing such loads, and the normal frequency of such
dumping.
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5.) Off-Site Litter Control. The Licensee shall be
responsible for removing litter which is along roads and
streets in the vicinity of the landfill (within 1/2 mile of the
landfill gate) caused by vehicles using the landfill. Litter
removal activities shall be instituted promptly following
information of such accumulation. In the event the Licensee
fails to remove litter within forty-eight (48) hours of notice
of accumulation of litter by the City, the City may cause such
litter to be removed. The City shall bill the cost of such
removal to the Licensee, which shall remit payment within
thirty (30) days of the date of such billing. Visual checks
for litter accumulation shall be made at least once daily by
employees of the Licensee, and litter removal shall occur a
minimum of two times per month. Licensee shall also be
responsible for ensuring that all trucks which leave the
facility are free of any litter or debris which could blow onto
surrounding streets and roads.
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6.) 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) Dangerous Wastes. No Dangerous Wastes (as defined in
the Code of Ordinances for the City of Elk River) shall be
disposed at the Landfill until a request to dispose of
dangerous wastes has been submitted to the City as required
by Chapter 604 of the City Code of Ordinances. The City
shall respond to requests for permission to dispose
dangerous wastes within 15 days from receipt of the request
as appropriate. If a request to dispose of dangerous
wastes is rejected by the City Building and Zoning
Administrator, or the City's authorized consultant/agent,
the dangerous wastes may not be disposed at the Landfill.
Licensee may propose advance approval of proposed disposal
of dangerous 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 dangerous
wastes, shall be submitted in the form required by the
City.
.
The City may deny permission to dispose of Dangerous
Wastes at the Landfill for one or more of the following
reasons:
(a) In the City's sole discretion, it would not be
in the best interests of the public health,
safety or general welfare of the citizens of Elk
River to allow disposal of said wastes;
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(b) In the City's sole discretion, disposal of said
wastes would pose a threat to the environment.
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(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,
Version D", September 1991, shall be complied with in all
respects, subject to the specific requirements of this
License, and may not be modified or amended without the
City's prior written approval.
(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.
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(04) Compliance With Zoning Ordinance Performance
Standards. The operation of the Landfill shall fully
comply with the performance standards and other
requirements of Chapter IX of the Elk River City Code,
including specifically Section 900.28 thereof relating to
performance standards for industrial uses.
(05) Supervision. An attendant shall be on duty at the
site at all times while it is open for public use.
Unloading of refuse shall be continuously supervised at the
working face of the landfill.
(06) 0gerating Records. Accurate records of daily waste
disposal operations shall be maintained. Intake of Solid
Waste in tons or cubic yards shall be recorded on a daily
basis, in a manner acceptable to the City, and reported to
the City on a monthly basis along with paYment of the
Landfill Surcharge Fee required by Section 25 of this
License. The volume and location of the disposal of
Dangerous Wastes shall be recorded the day such disposal
takes place and shall include the amount and type of waste
disposed of, and the name and address of the source of the
waste. Waste disposal records shall be available during
normal business hours, for review and inspection by the
City.
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(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
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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.
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(08) Education Proqram. The Licensee shall:
(a) Make available to all landfill users, including
haulers and their customers, information which
describes in common terms what is permissible and
impermissible to dispose at the landfill.
(b) Continue to conduct an employee training program
designed to assist employees in identifying
impermissible waste materials and to prevent
their disposal at the landfill. The training
program shall be reviewed with City staff and
recommendations to improve the program shall be
incorporated to the extent feasible.
(09) Hours of Operation. The landfill shall not be
operated between 7:00 p.m. and 6:00 a.m.
7.) Site 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 peA permit. The wells shall meet
current Department of Health Well Code Standards. Reports
of the test results shall be transmitted to the City at the
same time they are transmitted to the PCA.
.
(02) Surface Water Ouality. The Licensee shall have
surface water quality tests performed in conjunction with
sampling quarterly events when water is present for three
(3) consecutive months in anyon-site wetland.
(03) Off-Site Groundwater Ouality. The Licensee shall
arrange for the testing of the individual private wells
located within three thousand (3,000) feet of the landfill
boundaries, indicated on the location map, attached as
Exhibit 7. Samples shall be tested annually. All
private wells shall be analyzed for pH, COD, ammonia,
chlorides, specific conductance, and volatile organic
compounds (MDH method 465C and EPA method 601, 602).
(04) Modification. The testing programs specified in this
Section 6 may be modified by the City Council if the City
Council reasonably determines there exists a need for
additional wells to be tested or additional parameters to
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be analyzed, based upon water or air quality test results
indicating the presence of contamination.
8.) Hydroqeologic Reports. The investigation of the
hydrological and geophysical characteristics of the site shall
be continued and any other new information relating to the
hydrogeologic impact of the site shall be reported to the City.
Hydrogeologic reports shall be updated, amended, and modified
as warranted by newly discovered or additional data acquired in
the continued hydrogeologic investigation. Licensee shall
notify City at least two (2) days in advance of any soil boring
or well construction required by this License.
9.) Dust. Noise. and Odor. Fugitive dust emissions off-
site shall be controlled at the Landfill Site as necessary by
undertaking the following: road surfaces within the Landfill
Site shall be wetted with water or an appropriate deliquescent
chemical whenever off-site dust levels become unreasonable as
determined by the City Zoning Administrator. Dust pollutives
shall be utilized to the extent necessary on cover material
such as stock piles to reduce wind erosion as well as on other
exposed surfaces as appropriate. Cover compaction and
revegetation activities shall be undertaken promptly on the
completion of various fill areas and vegetative cover capable
of quick growth shall be utilized. Plantings of bushes and
trees shall be installed if needed to buffer the Landfill Site
and minimize wind erosion.
All equipment and vehicles utilized at the Landfill Site
shall be periodically inspected and maintained to minimize
noise. Vegetative barriers along the boundaries of the
Landfill Site shall be utilized to minimize off-site noise
impacts. Applicable state standards for noise pollution may
not be exceeded by the Landfill operation, equipment, vehicles,
or machinery.
The Licensee shall take reasonable actions to control odors
from the Landfill Site.
10.) Closure. Within six (6) months of a written demand
by the City, and in no event later than one (1) year prior to
the date projected for cessation of waste disposal, the
Licensee shall submit to the City for approval an updated
closure and post-closure plan for the Landfill Site.
11.) Insurance. The Licensee shall secure and maintain
insurance from an insurance company acceptable to the City and
authorized to write casualty insurance in the State of
Minnesota which will protect the Licensee, its agents and
employees, and the City from claims for bodily injury, death,
or property damage which may arise from the operations on the
Landfill Site. The Licensee shall file a certificate of
insurance or a certified copy of the insurance policy with the
. City. Such insurance policy shall contain a clause providing
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that it shall not be cancelled by the insurance company without
thirty (30) days' written notice to the City of intention to
cancel. The following coverages shall be provided in amounts
not less than those specified:
(01) Public liability, general liability, loading and
unloading, [completed operations, explosion, collapse,
underground operations], personal injury, and property
damage with the following minimum limits:
.
(a) Two Hundred Thousand Dollars ($200,000) per
claimant.
(b) Six Hundred Thousand Dollars ($600,000) per
occurrence.
(c) Six Hundred Thousand Dollars ($600,000) annual
aggregate.
(02) Automobile and truck public liability, personal
injury, and property damage, including owned and non-owned
vehicles with a Five Hundred Thousand Dollars ($500,000)
minimum limit.
(03) The City may require additional insurance be provided
by licensee if market conditions change such that
additional coverages become economically practicable. The
insurance limits required by this section shall be reduced
if these insurance limits are not reasonably and
economically available. For the purposes of this
subsection "economically practicable: and reasonably and
"economically available" shall be determined by the
insurance coverages affected by the Minnesota Joint
Underwriters Association or the readily available private
insurance market.
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12 . ) Bonding.
(01) The Licensee shall furnish a surety bond in the
amount of Three Hundred Thousand Dollars ($300,000) to run
continuously (annual renewal allowed) until all landfill
operations and closure activities are completed to ensure
compliance with the terms and conditions of this License.
Such bond shall be made by an insurance company or other
financial institution acceptable to the City and shall be
in a form acceptable to the City and its attorney. The
bond shall be subject to cancellation by the obligor by
giving one hundred twenty (120) days' prior written notice
to the City. The Licensee shall renew each such bond no
more than sixty (60) days after any such written notice,
and failure to so renew the bond shall be an event of
default of the obligations of the Licensee and shall
constitute ground for immediate and automatic revocation of
this license. Said bond shall provide that if the Licensee
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refuses to obey any of the requirements or to any of the
acts required by this license or for any reason ceases to
operate or abandons the landfill, and the City is required
to expend monies or labor or material to restore, repair,
or clean up the Landfill Site to the condition and
requirements required by law, the obligor shall reimburse
the City for any and all expenses incurred to remedy the
failure of the Licensee to comply with this license, and
the obligor shall indemnify and save the City harmless from
all losses, costs, and charges that may occur to the City
because of any default by the Licensee. The bond may be in
a form exercisable by both the City and the County provided
that such exercise feature allows its use on instruction by
either or both the City or County.
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(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 enviro~~entally 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.
(03) In lieu of the bond required in this section,
Licensee shall fund an interest bearing escrow account at
the City. Licensee shall deposit an initial sum of
$17,325.19 and thereafter $.10 shall be deposited monthly
into this account for each cubic yard of mixed municipal
solid waste disposed of at the Landfill until the escrow
account (including interest) has reached a total of
$250,000. Interest shall then continue to accrue and
remain in the escrow account until the escrow account
reaches the total amount of $400,000. Interest earned
thereafter shall be deposited in the City'S general fund.
Disbursements from this escrow account shall be made only
for the purposes described in part (01) herein until the
completion of all closure and postclosure monitoring
activities at the Landfill Property to the satisfaction of
the City, at which time any account balance shall be
disbursed to Licensee.
13.) Aoolicability of License. This License shall apply
to the entire Landfill Property including the preexisting
landfill area as well as any expansion.
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17.
14.) License Period. This renewed License shall be in
force and effect until January 31, 1995.
15.) ViolatiQn of Conditions. If the Licensee or its
successors or assigns violate any term or condition imposed by
this license, this license may be revoked and terminated.
Without limiting the foregoing, the violation of any statute,
regulation, ordinance, or license condition imposed by lawful
governmental authority and governing operations on the Landfill
Property is ground for revocation and termination of this
License. The change, alteration, or amendment of any such
statute, regulation, ordinance, or license condition by any
governmental authority other than the City shall not excuse the
Licensee from compliance with statutes, regulations,
ordinances, or permit or license conditions in effect on the
date of the original issuance of this License unless compliance
is waived or excused by the City Council. The City shall not
unreasonably refuse to waive or excuse compliance with existing
permit or license conditions.
.
16.) Doc~ments. Reports. and Maps. Copies of all
documents, reports, and maps which are required to be supplied
to the PCA or to Sherburne County shall also be supplied to the
City, at the same time.
17.) Charges and Fees. The Licensee agrees to pay to the
City upon the renewal of this License, $2,000. Thereafter, the
Licensee shall pay the City an annual license fee of $2,000.
18.) On-Site Ins~ection. The City may inspect the
Landfill and the Landfill Property for the purposes of
examining and copying nonconfidential records; conducting
inspections, surveys, investigations, monitoring, or sampling;
and others obtaining necessary information pertaining to the
construction, operation, and environmental effect of the
disposal facility, control equipment, and control materials.
Inspections shall be conducted during normal business hours
except in the event of an emergency. City persor~el 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 Chris Kreger 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.
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18.
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19.) Indemnity. The Licensee shall indemnify, defend, and
hold the City harmless from all claims, demands, and/or actions
legal and/or equitable arising from the operations on the
Landfill Property.
20.) Workers' Compensation. The Licensee shall carry in a
company authorized to transact business in the State of
Minnesota a policy of insurance fulfilling all requirements of
the Worker's Compensation Act, including all legal requirements
for occupational diseases, or self-insure for the above.
21.) Split Samples. The Licensee shall notify the City
forty-eight (48) hours before any sampling of groundwater or
surface water and allow the City at its expense to obtain split
samples of such waters.
22.) Riaht to R~quire 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.) S~verability. If any provision of this License shall
be declared void or unenforceable, the other provisions shall
not be affected, but shall remain in full force and effect.
24.) Amendment. This License shall not be considered
modified, altered, changed, or amended in any respect unless
approved by the City Council as required by City Ordinance.
25.) Landfill Surcharae Fees. This License does not waive
the City'S right to collect the surcharge authorized by Minn.
Stat. ~ 115A.921, Subd. 1 (the Surcharge). The Surcharge shall
be paid directly to the City on a monthly basis, and shall be
accompanied by an accurate report on the amount and type of
solid waste disposed of in the landfill each day during the
month. The Surcharge due for each month shall be received by
the City no later than the thirtieth calendar day of the
succeeding month. Failure to pay the surcharge fee when due
shall be cause for revocation of this license and shall be a
violation of the conditions and requirements of this license
for the purposes of the related operations authorized by
Section 3 of this License.
26.) Conflicts. In any cases in which the Licensee
believes there is an irreconcilable conflict between the
requirements of this License and Laws, Rules, Regulations, or
Order of any other governmental authority, the Licensee shall
promptly notify the City of such irreconcilable conflict and
request an amendment of this License. Until such time as the
City acts upon a request for an amendment to this. License,
which it may grant or deny in its sole discretion, the terms of
19.
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.
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27.} Modification. Suspension. or Revocation of License.
The violation of any of the terms of this License is grounds
for suspension or revocation hereof. Furthermore, the City
specifically reserves the right, and the Licensee agrees that
this License may be amended, suspended, or revoked by the City
as reasonably required to protect the public health, safety,
and welfare. Specifically, but without limiting the foregoing,
the City may amend, suspend, or revoke this License, whenever
any reliable information is secured from a recognized source
which demonstrates that the continued operation of the landfill
places the public health, safety, or welfare, in jeopardy.
Such information includes, but is not limited to the following:
(01) A determination that (other than as indicated in the
license application) leachate generated at the Landfill
Site is migrating to surface or ground waters in a way that
threatens the public health, safety, or general welfare.
(02) A determination that (other than as indicated in the
license application) standards for drinking water (whether
promulgated as of the date of this License or at a later
date by the United States Environmental Protection Agency,
the Minnesota Department of Health, the Minnesota Pollution
Control Agency, or any other governmental agency
promulgating standards for toxic wastes, hazardous wastes,
pollutants, or contaminants in groundwaters or surface
waters) are being violated as a result of landfill
operations.
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(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.
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
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20.
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shall include a statement of the proposed action by the City
and the reasons therefor.
ATTEST:
Patrick D. Klaers
THE CITY OF ELK RIVER:
By:
ELK RIVER LANDFILL, INC.
Its: Mayor
By:
PKB:GR4s
21.
Its:
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ORDINANCE NO. 93 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 604.14 OF THE ELK RIVER CODE OF
ORDINANCES REGARDING THE EXPIRATION AND RENEWAL OF SOLID WASTE
FACILITIES LICENSES
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. Section 604.14(1) of the Elk River Code of
Ordinances is amended to read as follows:
1. Expiration - Unless otherwise provided by the City
Council, each license granted pursuant to the provisions of
this Ordinance shall expire two (2) years from the date of
issuance, unless sooner revoked.
Section 2. Section 604.14(2) of the Elk River Code of
Ordinances is amended to read as follows:
2. Renewal Application - Application for license renewal
shall be made in writing to the City Council at least ninety
(90) days prior to the expiration of the license. The
application for renewal shall include:
a. A statement of any changes in the information
submitted in the last approved license application.
b. A statement as to the amount of Solid Waste disposed
of, stored, processed, or burned during the 24-month
period prior to the filing of the application.
c. A statement of the expected volume of Solid Waste to
be disposed, processed, stored, or burned in the next 24-
month period.
Section 3. This ordinance shall be effective upon adoption and
publication, according to law.
Passed and adopted by the City Council of the City of Elk
River, this ____ day of , 1993.
Hank Duitsman, Mayor
Attest:
. Sandra Thackeray, City Clerk