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6.4. SR 03-15-1993 ITEM 6.4. TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR MARCH 8, 1993 Sf( DATE: SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT AND LICENSE BY NSP/PUBLIC HEARING, CASE NO. CU 93-003 Northern States Power (NSP) is requesting an amendment to their conditional use permit and license to allow mixed solid waste (MSW) to be delivered to their facility from all transfer stations between the hours of 6 a.m. and 9 p.m., Monday through Saturday. MSW deliveries are currently allowed from all transfer stations between 6 a.m. and 6 p.m. plus the Brooklyn Park transfer station is allowed additional time between the hours of 6 p.m. and 9 p.m. Approval of this request would allow delivery from the other transfer stations during these three additional hours. Attachment number 1 is an explanation of the request fromN~P. . Terry Maurer, City Engineer, has been asked to review this request in regards to traffic concerns. His response is attachment number 2. Staff would add one more area of concern to Mr. Maurer's list which is the possible need for an acceleration lane on east bound trunk Highway 10, in the vicinity of 165th Avenue. The Planning Commission recommended NSP's conditional use permit be amended to allow the additional hours with the stipulation that traffic is monitored to determine the need for possible future road improvements to eliminate problem areas caused by traffic ~~~ociated with the NSP plant. The Planning Commission does not" give a formal recommendation on the license, however, the language regarding the hours for receiving MSW are virtually the same in the conditional use permit and the license. :-.j-"."<(.p-.; An amended conditigp~l use permit and license that reflect NSP's requested chang~, are included with this memo. Staff does not consider ~pproval of these amendments as NSP's 2 year renewal. NSP's permits will expire January 31, 1994, and will need to be renewed prior to that time. . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 ;~ ;~ <~ (, .~~~ ~~ L~ co .., Jll(I II ......- 0" _ '-"."(1 : 175TH ..~ '.. ---. t .. .------- - .V Sv. ,~ ,~'hI w( . ' , ~'D;E!I' 17'1.,. All: ! . ~ "~~'n - ~. 176TH .~ iSle. Inc. 166TH 168TH o o ... '" Z C > ... 167TH 161ST . 160TH ... " z a 0 0 III Z 0 a: i c a z .59TH u ~ II: C :l CD CD ~I :l 0 c ..!!!!!!.- 0 - ~t..1 ,~,~ .... ",' ~..... ':.::~.:;~:";{ '..i~ (J) . EXPLANATION OF REOUEST: Request Amendment to Exhibit A, Amended Conditional Use Permit No. 86-86, For Northern States Power Company, Refuse Derived Fuel Resource Recovery Facility. Amend #11, page 4, beginning line 9: "... 9:00 p.m. Monday through Saturday, provided thar:: from 6;00 p.m. to 9:00 p.m. the Facility may only receive MSY from the HeRaellia CauRty transfer stations ia .Brealtl)"l'!. Pa:rlt." . This request is made to alleviate a problem at the facility that results in long delays of up to ewo hours for unloading. The most serious delays are beeween 10:00 a.m. and 2:00 p.m. which creates serious problems for the small route haulers. They have very tight schedules and need to unload quickly. The problem is created by the transfer trailers that come in clusters from transfer stations. Each transfer trailer takes approximately 20 minutes to unload. Ye feel that extending the hours for transfer trailers, which is currently permissible from Brooklyn Park Transfer Station to all transfer stations, to 9:00 p.m. would even out the flow, eliminate the rush t~ get in during the middle of the day, and reduce the unloading delays at the critical times. This could also help to avoid traffic problems on Highway 10 by moving some of the transfer trailer traffic later in the evening. . (g) 1- / } ~ :. ~ ~ . CONSUlTING ENGINEERS ..,... - Maier Stewart & Associates Inc. . February 17, 1993 Mr. Steve Rohlf Building & Zoning Administrator City of Elk River 720 Dodge Avenue NW Elk River 1 1-1N 55330 RE: NSP CONDITIONAL USE PERMIT AMENDMENT REQUEST FoxlP '-It/I- 77'~S Phon. I .. File: 230-000-00 Post-It'" brand fax transmittal memo 7671 To L Fro", 1; Co. C4. o~pr. Dear Mr. Rohlf: . As you requested, we have reviewed the proposed amendment to the conditional use permit for the RDF plant. We understand the request is to eliminate the restriction on where transfer station trucks may eome from during the hours of 6:00 p.m. to 9:00 p.m. This would allow unrestricted access to the RDF plant during those hours. Based on our review, we would offer the fonowing comments: 1. Unrestricted access may mean more transfer trucks using TH 101 to access the RDF plant. This poses the potential problem of trucks exiting northbound TH 101 to eastbound TH 10 and immediately having to mer.ge left in order to turn left at 165th. We are unsure how many trucks currently use this route to access the plant, but we are unaware of any past problems caused by these vehicle movements. 2. The left turn lane from eastbound TH 10 to 165th Avenue was lengthened in 1990 from about 300 feet to almost 450 feet. This length should be adequate to handle turning transfer trucks. 3. If transfer trucks chose to exit the plant on westbound TH 10 to southbound TH 101, the left turn at the highway intersection would be somewhat difficult. However, we understand the upgrade ofTH 101 will signalize that intersection, thus greatly improving the safety of that left turn movement. 4. TH 101 is scheduled for major reconstruction during the period of 1994 through 1996. It is unlikely a few additional transfer trucks during that period will adversely affect the function of the highway. However, the construction project may greatly affect the transfer trucks' travel time. . 1959 SLOAN PLAce. SUITE 200, ST. PAUl, MINNESOTA 55117 612.n4-6021 9800 SHEI.ARO PARKWAY. SUITE 102. MINNEAPOliS. MINNESOTA 55441 612-546-0432 . Equal Oppor1ul'llty Employer . . . Mr. Steve Rohlf February 17, 1993 Page Two 5. Transfer trucks from Brooklyn Park only are allowed to access the RDF plant between 6:00 p.m. and 9:00 p.m. currently. We are not aware of any problems caused by these trips. 6. The restriction of tr3nsfer trucks on Sunday due to potential conflicts with traffic from northern Minnesota should remain in place. Based on our review of the conditional use permit amendment request, we see no reason to deny it. We would suggest, however, that the functional operation of the roadway system accessing the site be monitored for any problem areas. If you have any questions regarding these comments, please call. Sincerely J MAJER STEWART & ASSOCIATES, INC. ~l~aaW Terry J. Maurer, P.E. TJM:: tp OOQ.180Ucb ( SHERBURNE COUNIY ABSTRACT & TITLE CO. PAT RASMUSSON PRESIDENT CATHY BAILEY SEC./TREAS. BONI CULLEN MANAGER February 2,1993 Based on tlie examination of real estate records I find the following are property owners within 350 foot radius of the land describes as: sw~ of SE% except the South 468' of the west 495' of 11-32-26 Cargill Inc Department 26 Property Tx- PO Box 9300 Minneapolis, Mn 55440 Doris Specht-16330 Hwy 10 NW Elk River, Mn 55330 State of Minnesota (forfeited land) ."~H:!'1'l,, \,\" I "!' 1 . "r. ~\'\~\';)'t\. v\1l..l..t;~~;;? ~..t ~. ~ ~ ,: ~ ~ - ~ - r:~ f .. ..."a :: I~ . ": ,.. r .. -: \ : = :a "., ..4- · = .. '!. ..-.') ..... .'" .. ':. ;0. G".S'rc 'C'."~.. :: ~ ,4-' .;:0- 11 f\ .".~ ""'- ~ ~. ""~'I- ...".......... ~".... '.~: :'; ~::,,:, :::~~~ ;~:~~,.:.~,.. / . wft1A,l &~ \... ./ 317 KING AVENUE · ElK RIVER. MINNESOTA 55330 . (612) 441-3280 !.K;i:.~/ AHilioted with American Land ntl. Association . EXHIBIT A AMENDED CONDITIONAL USE PERMIT NO. 86-86 For Northern States Power Company Refuse Derived Fuel Resource Recovery Facility This Amended Conditional Use Permit No. 86-86 was approved by the City Council of the City of Elk River on December 1, 1986, subject to the following terms: . . 1 . This Conditional Use Permit No. 86-86 (the Permit) is for the construction and operation of the Anoka County Refuse Derived Fuel Resource Recovery Facility as described in the Draft and Final Environmental Impact Statements for the Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 147A-86-0T-1 for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305, issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by correspondence dated July 24, 1986, and (2) "Responses to the City of Elk River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from the Permittee to Mayor Richard Hinkle dated October 13, 1986; and as further described in Permittee's November 28, 1989 application for renewal of conditional use permit and Permittee's correspondence of April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990, and September 6, 1990, to the City; and in Permittee's November 20, 1991, application for renewal of the Conditional Use Permit; all of which have been provided to the City by the Permittee in support of the application for this Amended Conditional Use Permit and collectively describe the Facility authorized by this Permit. The Facility consists of three (3) integrated components located in the City: (1) A facility for receiving municipal solid waste and processing it into refuse- derived fuel (Processing Facility); (2) A facility for the incineration of refuse-derived fuel (Burn Facility); and (3) The movement of vehicles transporting municipal solid waste (MSW), refuse- derived fuel (RDF), rejected municipal solid waste (Rejects), and incineration residue (Residue). So long as RDF is incinerated in the City, the conditions of this Permit which relate to the Burn Facility and Residue shall be in full force and effect. . . . Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of the Permit and all such documents are considered to be and are hereby made a part of the Permit. 2 . Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Processing Facility shall be provided substantially in accordance with the plans submitted by Northern States Power Company with the original application for a conditional use permit and the November 28, 1989 application for renewal of conditional use permit, which are hereby made a part of this Permit. In addition, these plans shall be further revised to provide a hard surfaced, diked area to drop hot loads of processed RDF so that they can be put out and fire suppression water retained; and to further provide that all areas on the facility site are either hard surfaced parking and drive areas, pea rock or asphalt shavings for equipment storage, or landscaped areas with grass. There shall be no gravel or dirt areas on the facility site. The revised plans shall be submitted by December 31, 1990, and all improvements installed by September 30, 1991. 3 . All utility and street construction plans and specifications as presented by Northern States Power Company for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and approved by the City Engineer. 4. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. 5. Approval of driveway entrances, if needed, on State and County highways shall be secured from the appropriate agencies and filed with the City Zoning Administrator prior to issuance of any building permit. Street lighting and acceleration and deceleration lanes for Highway 10 at the intersection of 165th Street and Highway 10 shall be installed by City to provide safe access to Highway 10 for trucks entering and leaving the Facility. Failure by Permittee to reimburse the City for the installation of said improvements within thirty (30) days of receiving an invoice for all or any part of said improvements shall be cause for revocation of this Permit. 6 . The City shall have the right of access to all areas of the Processing Facility and site for the purpose of 2 . . . . inspection to ensure compliance with all of the terms and conditions of this permit and the Solid Waste Facility License for the Facility. The City need not give prior notice to the Permittee for personnel to access the Processing Facility or site during the normal waste receiving hours of 6 a.m. to 6 p.m., Monday through Saturday, or if an explosion or other emergency occurs. At any other time, at least twelve (12) hours prior notice to the Permittee is required. Such access shall be in accordance with reasonable safety standards and reasonable proprietary information requirements. Alternatively, the City may, in its discretion, upon 30 days notice to Permittee, to further ensure compliance with the restrictions in this Conditional Use Permit and in Section 604 of the City Code of Ordinances on the handling and processing of hazardous and dangerous waste, and to protect the public health, safety, and general welfare of the citizens of Elk River, place full-time City inspectors at the Facility twenty-four (24) hours a day. These inspectors shall have the right of access to all areas of the Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the terms and conditions of this Conditional Use Permit, the license for the Facility, and Section 604 of the City Code. The on-site City inspector shall have the right, at any time, to take one or more of the following actions: A. Order a load of MSW inspected, pursuant to the procedures set forth in the license for the Facility; B. Order the Facility cleaned, if a violation of the dust control plan for the Facility is observed; or C. Order the Facility shut down if necessary to bring it into compliance with the dust control plan or any other term or condition of this Conditional Use Permit, the license for the Facility, or Section 604 of the City Code. 7. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property, and not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle desiring entry into the Processing Facility during permitted receiving hours will have to wait outside the perimeter of the Processing Facility site. 3. 8. The City shall be notified by the Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Facility; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 147A-86-0T-1 or Permit for a Waste Processing Facility and System, No. SW- 305. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City Staff to permittee. This letter may be revised or supplemented by City Staff from time to time as necessary to address the City's needs for notification. . 9. This Permit authorizes an average annual throughput of one thousand five hundred twenty-six (1,526) tons per day of MSW. . 10. All MSW, RDF, Reject or Residue-hauling truck traffic entering or exiting the Processing Facility or the Burn Facility shall use only those highways and streets as allowed in writing by the City Council, avoiding the use of Main Street and residential streets, if at all possible. Truck traffic originating in the City may use other public streets. . 11. The Facility may operate twenty-four (24) hours a day. However, the City reserves the right to restrict the hours of operation of the Facility to normal business hours if noise emanating from the Facility to surrounding residential properties is unacceptable. Hours of receiving and transporting MSW at the Processing Facility shall be limited to 6:00 a.m. to 9:00 p.m. Monday through Saturday, provided that from 6:00 p.m. to 9:00 p.m. the Facility may only receive MSW from transfer stations. The City reserves the right to restrict further the hours of receiving and transporting MSW at the processing facility if necessary to protect the public health, safety, and welfare. Rejects may be transported during the hours of 4 a.m. to 8 p.m. Monday through Saturday, and during the hours from 9:00 a.m. to 2:00 p.m. on Sundays, provided that hauling of rejects on Sundays shall be limited to Highway 10 east of the intersection of Highway 10 and Highway 169 and Highways 169 and 101. RDF may be transported outside those hours, but not to UPA during the hours of 4:00 p.m. to 6:30 p.m. on any day. Permittee, in cooperation with the City Council, shall designate one (1) night of the Monday-Friday week when individual citizens may enter and exit the Facility until 8:00 p.m. 4 . . 12. At the Processing Facility, all truck and Processing Facility wash water shall be diverted and captured in a retention tank so that it does not enter the groundwater system. No RDF or Residue trucks may be washed at the Burn Facility. 13. The Processing Facility shall be enclosed by a minimum six-foot and no more than eight-foot high chain link fence. 14. The Processing Facility shall undertake no processing of MSW until all appropriate items in this Permit and the building permit are completed and finally inspected by the City of Elk River Zoning Administrator and a written certificate of occupancy has been issued. 15. Permittee shall test storm water run-off captured in the on-site retention/detention pond, and shall provide written reports on these test results to the City, as provided in the rain water run-off sampling plan submitted by Permittee. If the required tests indicate water quality problems in rain water run-off, Permittee shall submit to the City for approval a plan for addressing such problems and shall implement such solutions as are required by City. . 16. The Permittee shall engage in a regular and routine litter maintenance and removal program extending (a) one-half mile east of the Processing Facility entrance on 165th Street Northwest, (b) southeast on Highway 10 from the intersection of 165th Street Northwest with Highway 10 to the eastern city limits, (c) northwest on Highway 10 from said intersection to the intersection of Highway 10 and Highway 169, and (d) any other areas adversely impacted by debris related to Facility operations as may be determined by the City. Litter shall be removed from these areas no less than once per week, and more often if necessary because of spills or complaints from neighboring property owners, to ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Facility. In addition, Permittee shall inspect all trucks leaving the plant to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. . 17. The Permittee shall immediately pay to reimburse the City for any and all expenses associated with initial Processing Facility-related improvements on 165th Street from the Processing Facility entrance to the intersection with Highway 10, and on any other city streets used by vehicles transporting RDF or Residue 5. . 18. 19. 20. . 21. . which may serve as primary access for the Burn Facility. For the foregoing street, the Permittee shall also reimburse the City for all patching and repair expenses in excess of the City's normal street maintenance program. Permittee shall also reimburse the City for any and all expenses associated with installation of the acceleration and decelerations and lighting at the intersection of Highway 10 and 165th Street. No exterior storage of MSW, RDF, Rejects or Residue shall be allowed, except in enclosed trailers or trucks. The Permittee represents and warrants to the City that the Facility shall at all times comply with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF process Rejects and RDF Residues, shall be disposed of in strict compliance with the requirements of Section 604 of the City Code and Chapter 7035 of Minnesota Rules. Responsibility for Costs: A. The Permittee shall pay all direct costs incurred by it or the City in conjunction with the application for this Permit and development of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction of the Facility, except those costs and expenses normally covered by the building permit fee. B. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with 6 . . . . jurisdiction over the matter to have been caused solely by the wilful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Permittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Permittee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.Ol, et seq. for the release of hazardous waste at the Facility and from any remedial actions, clean- ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility or any variance associated with the height of the proposed Processing Facility and the inability of the City to properly respond to fire calls at the Processing Facility due to the limitations of its equipment or personnel, but shall not include willful and unjustified failure to respond to fire calls at the Processing Facility. The indemnities provided in this paragraph Bare subject to the limits of liability set forth in Minnesota Statutes Section 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. C. The Permittee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Permit. 7. . D. The Permittee shall reimburse the City for all costs incurred in enforcement of this Permit, including consultant and attorneys' fees. Failure by Permittee to reimburse City within 45 days of receiving an invoice for any costs for which reimbursement is required by the terms of this Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. 22. Miscellaneous: A. This Permit and its conditions shall be binding upon each of the Permittees, jointly and severally, referred to collectively in this Permit in the singular as Permittee, and the successors and assigns of anyone of them. The assignment by any Permittee of its interest in the Facility shall not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld. B. . Violation of the terms of this Permit or of MPCA Permit No. SW-305 or Air Emission Facility Permit No. 147A-86-0T-l by the Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the same. In all other instances, the immediate cessation remedy shall be preceded by a judicial order. A revocation or suspension of this Permit shall be only as to the violating component of the Facility, not as to the components not in violation. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not effect the validity of the remaining portions of the Permit. D. . The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. 8. . 23. Notices: Required notice to the Permittee shall be in writing, and shall be either hand delivered to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following addresses: Elk River Resource Recovery Facility 10700 165th Avenue N.W. Elk River, Minnesota 55330 Attention: Plant Superintendent United Power Association ATTN: General Manager 17845 U.S. Highway 10 Elk River, Minnesota 55330-0800 Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator . 24. Biennial Review: The terms and conditions of this Permit and compliance by the Permittee shall be subject to review by the City every two (2) years from the original date of approval, December 1, 1986. The City reserves the right to revoke, amend, or impose additional conditions on the Facility or the Permittee at such time taking into account the advancement of scientific knowledge relative to the health effects of the Facility, the Permittee's degree of compliance with current Permit conditions, and the criteria and standards of the City Code and Minnesota law. . The undersigned, on behalf of the respective Permittees, jointly and severally, represent and bind their respective Permittees to the terms of this Permit, having fully examined this Permit and all materials referred to herein and agree to all the conditions set forth. Each person signing below on behalf of a Permittee does so upon the authority of the Board of Directors of the respective Permittee, and a resolution documenting such authority is attached hereto. This approval shall expire two years from the date of City Council approval unless the proposed work described herein has not been substantially completed or unless extended as provided in Section 900.42 of the City Code. In no case shall the Facility be used for the uses designated in the Permit until all of the 9. conditions have been met by the Permittee and are inspected by . the City. PERMITTEE: NORTHERN STATES POWER COMPANY By: Its: . . PKB:BA7 10. . . . EXHIBIT A CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE NORTHERN STATES POWER COMPANY WASTE PROCESSING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Section 604 (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City Code) to Northern States Power Company (Licensee) for the establishment and operation of a Waste Processing Facility (the Facility) upon the property legally described as: The Southwest one-quarter of the Southeast one-quarter (SW1/4 of the SE1/4) of Section 11, Township 32, Range 26, according to Government Land Survey, except the South 468 feet of the West 495 feet thereof, subject to highway easement of record (the Site) . I. This License authorizes the establishment and operation of a Waste Processing Facility which will process up to a maximum annual average of one thousand, five hundred twenty-six (1,526) tons per day of municipal solid waste (MSW) into refuse derived fuel (RDF), as described in: 1. The Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Processing Facility"; Licensee's November 28, 1989 application for renewal of the License for the Facility and supplemental correspondence from Licensee to the City dated April 2, 1990, April 17, 1990, July 2, 1990, August 3, 1990, and September 6, 1990; and Licensee's November 20, 1991, application for renewal of the License; 2. The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; 3. The Combined Air and Solid Waste Permit No. 147A- 86-0T-1 For an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing . Facility, No. SW-305 (collectively referred to as the MPCA Permit), issued by the Minnesota Pollution Control Agency (MPCA). II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: 1. Satisfying the standards set forth in the Elk River City Code of Ordinances, including Section 604 and Article IX thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and III. Requirements and Conditions: 5. Preventing land, water, or air pollution. . 1. Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this license. 2. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. . 3. Incorporation of MPCA Permit. The terms and conditions of the MPCA permit are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions" of the MPCA permit and that portion of the MPCA Permit denoted "Permit No. SW-305." Any violation of the MPCA permit will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of 2 . . . . the terms, conditions, or requirements of the MPCA permit, and shall advise the City as to what steps will be taken to correct said violations. 4. Incorooration of Amendments to MPCA Permit. No amendment or change to any term, condition, or requirement of the MPCA permit shall be incorporated into the License or become effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. 5. Reporting Requirements. Copies of all plans, studies, reports, and other materials required to be submitted to the MPCA by Licensee shall be filed with the City, unless the City Building and Zoning Administrator or his designated representative specifically notifies licensee in writing that copies of specific documents will not be necessary. Materials which must be provided unless declined include, without limitation, all plans and specifications; Operations Reports; residue management plans; annual residue reports; contingency disposal plans; and waste composition studies. 6. Incorporation of Solid Waste Facilities Ordinance. The Facility and Licensee must at all times fully comply with the requirements of Section 604 of the City Code, including specifically Sections 604.30 (3) and (4). Any violation of the City Code will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 7. Incorporation of City Zoning Ordinance and Conditional Permit. The Facility and Licensee must at all times comply with the terms and conditions of the conditional use permit issued for the Facility (the "CUP") and with the City'S Zoning Ordinance, including the performance standards set forth in Section 900.28 thereof. Any violation of the CUP or the Zoning Ordinance will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any such violation and shall advise the City as to what steps will be taken to correct said violations. 8 . Hazardous and Dangerous Wastes. There shall be no processing of Hazardous or Dangerous Waste at the Facility. Temporary storage of Hazardous and Dangerous Waste shall be allowed as provided by Section 604 of the City Code. Licensee shall notify 3. . the City immediately upon the discovery, release, or spill of any hazardous or dangerous waste at the facility and shall advise the City what steps will be taken to contain and clean-up any release or spill of such wastes. The specific requirements for how, when and who to notify at the City will be set forth in a separate letter from City Staff to Licensee, as provided in the CUP. Licensee shall develop a plan for identifying hazardous and dangerous wastes and the generators of such waste. This plan shall include, at a minimum, the following elements: (a) Licensee shall thoroughly inspect a minimum of three (3) MSW loads per week (average) selected on a random basis. This inspection shall include opening and inspecting every garbage bag in each load and all other containers. (b) Licensee shall submit to the City, on a form provided by the City, a quarterly report containing, at the minimum, the following information for each load inspected: (i) The hauler and truck number of the load; . (ii) Any hazardous or dangerous waste found in the load; (iii) Licensee's efforts to identify the generator of any hazardous or dangerous waste found in the load; (iv) The identity, if known by Licensee, of the generator of any hazardous or dangerous waste found in the load; (v) The actions which Licensee is taking against the generator and hauler of any such hazardous or dangerous waste found in the load; (vi) Licensee's record of disposal of any hazardous or dangerous waste found in the load. (c) Licensee shall advise the City Building and Zoning Administrator, if requested, when these loads are being inspected and the City shall have the right to have its personnel on-site to observe the inspection process. . (d) Licensee shall develop, for City approval, a dust control plan, including maximum allowable levels of dust in the air and on surfaces at the 4 . . ( e) . Facility; and shall schedule, on a regular basis, down time for dust control pursuant to the plan, major repairs and cleaning of the Facility. City shall have the right to thoroughly inspect the Facility for dust control, cleanliness and compliance with the other terms of this License during such down time. To further ensure compliance with the restrictions in this License, and in Section 604 of the City Code of Ordinances, on the handling and processing of hazardous and dangerous wastes, and to protect the public health, safety, and general welfare of the citizens of Elk River, the City shall have the right, upon 30 days notice to Licensee, to have an inspector at the Facility twenty-four (24) hours a day. These inspectors shall have the right of access to all areas of the Facility, twenty-four (24) hours a day, for the purposes of inspection to ensure compliance with all of the terms and conditions of this License, the conditional use permit for the Facility, and Section 604 of the City Code. The on-site City inspector shall have the right at any time to take one or more of the following actions: (i) Order a load of MSW inspected, pursuant to the procedures set forth above; (ii) Order the Facility cleaned, if a violation of the dust control plan is observed; or (iii) Order the Facility shut down if necessary to bring it into compliance with the dust control plan or any other term or condition of this License, the conditional use permit for the Facility, or Section 604 of the City Code. 9. RDF and Reject Disposal. All Mixed Municipal Solid Waste not burned, including unburned RDF, RDF process Rejects and RDF Residues, shall be disposed of in strict compliance with the requirements of Section 604 of the City Code and Chapter 7035 of Minnesota Rules. 10. RDF Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all RDF hauling trucks transporting RDF from the Facility to the UPA Waste Burning Facility shall use the following routes: (1) from the facility via 165th Street to Highway 10 and from Highway 10 directly into the UPA Facility; or (2) from the Facility via 165th . 5. . Street to Highway 10, Highway 10 to Main Street, Main Street to UPA Drive, and from UPA Drive into the UPA Facility. RDF trucks returning from the UPA Facility to the Facility shall use the following route: from the UPA Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Street, and from 165th Street directly into the Facility. Incoming and outgoing traffic from the Facility shall be controlled by the Licensee in such a manner as to provide orderly and safe ingress and egress and so as not to impede or interfere with general traffic. 11. Processing and Storage Areas to be Fully Enclosed. All MSW and RDF receiving, processing, and storage areas at the Facility shall be fully enclosed. Adequate facilities shall be provided to insure that under no circumstances will there be any exterior storage of MSW or RDF, except in enclosed trailers or trucks. Licensee shall create a 20-foot fire break between the conveyor on the tipping floor of the Facility to the garbage on the tipping floor. All RDF haul trucks leaving the facility shall be securely covered so that no RDF or other matter may escape. . 12. Hours. The Facility may operate twenty-four (24) hours a day on a temporary basis. The City reserves the right to restrict the hours of operation of the Facility to normal business hours if noise emanating from the Facility to surrounding residential properties is unacceptable. Hours of receiving and transporting MSW at the Processing Facility shall be limited to 6:00 a.m. to 9:00 p.m. Monday through Saturday, provided that from 6:00 p.m. to 9:00 p.m. the Facility may only receive MSW from transfer stations. The City reserves the right to restrict further the hours of receiving and transporting MSW at the processing facility if necessary to protect the public health, safety, or general welfare. Rejects may be transported during the hours of 4:00 a.m. to 8:00 p.m. Monday through Saturday, and during the hours from 9:00 a.m. to 2:00 p.m. on Sundays, provided that hauling of rejects on Sundays shall be limited to Highway 10 east of the intersection of Highway 10 and Highway 169 and to Highways 169 and 101. RDF may be transported outside those hours, but not to UPA during the hours of 4:00 p.m. to 6:30 p.m. on any day, unless the City Building and Zoning Administrator, or his designee, approves hauling during these hours, on a temporary basis, to address an emergency situation where RDF is needed at UPA immediately. Licensee, in cooperation with the City Council, shall designate one (1) night of the Monday-Friday week when individual citizens may enter and exit the Facility until 8:00 p.m. . 6. . 13. Public Drop-Off. Licensee shall provide an area at the Facility for disposal of solid waste by individual citizens and shall, in cooperation with the City Council designate one night of the Monday through Friday week when individual citizens may enter and exit the Facility until 8:00 p.m. Open top trailers shall be allowed for public drop-off of solid waste, but shall be covered at all times when the public drop-off is not open. Licensee shall also advertise on at least a quarterly basis the availability of this public drop off facility and the fee charged for it, and shall cooperate with the City in recycling efforts. . 14. Wash Water and Storm Water Run-off. All truck and facility wash water shall be diverted and captured in a retention tank so it does not enter the groundwater system. Captured washdown water shall be disposed of as required by the MPCA, and shall not be disposed of in the City's Waste Water Treatment Plant. Licensee shall also test storm water run-off captured in the on-site retention/detention pond, and shall provide written reports on these test results to the City, as provided in the rain water run-off sampling plan submitted by Licensee. If the required tests indicate water quality problems in rain water run-off, Licensee shall submit to the City for approval a plan for addressing such problems and shall implement such solutions as are required by City. 15. Security and Litter Control. The Facility shall be enclosed by a minimum six foot and no more than eight foot high chain link fence. Licensee shall engage in a regular and routine litter maintenance and removal program as required by the CUP. 16. Signage. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility, the MPCA Permit number and stating the hours and days the Facility to open for public use. 17. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Section 604 of the City Code. 18. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Section 604 of the City Code. . 19. Insurance and Bonding. This License shall not take effect until the insurance and bonding requirements set forth in Section 604.12 of the City Code have been complied with. 7. . 20. Expiration and Renewal. This License shall expire on January 31, 1994, as provided by Section 604 of the City Code. Renewal of this License shall be governed by the procedures and requirements of Section 604.14 of the City Code. 21. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Section 604 of the City Code. 22. Violations. Any violation of the terms and conditions of this License shall also be considered a violation of Section 604 of the City Code and, in addition to suspension or revocation of this License as provided in Section 604.14 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 604.34 thereof. . 23. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the wilful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.01, et. seg. for the release of hazardous waste at the Facility and . 8 . . from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 19 are subject to the limits of liability set forth in Minnesota Statutes Section 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 24. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. . 25. Costs. The Licensee shall reimburse the City for all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Section 604 of the City Code. Failure by Licensee to reimburse City within 45 days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 26. License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 27. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. . 28. Amendments or Waivers in Writing. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this License. To be binding, amendments or waivers shall be in writing, signed by the Licensee, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this License shall not be a waiver or release. 9 . . 29. Notices. Required notices to the Licensee shall be in writing, and shall be either hand delivered to the Licensee, its employees or agents, or mailed to the Licensee by certified or registered mail at the following address: Elk River Resource Recovery Facility 10700 165th Avenue N.W. Elk River, Minnesota 55330 ATTN: Plant Superintendent Notice to the City shall be in writing, and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator . IV. This License will take effect when all of the conditions precedent to the issuance of the License have been met and Licensee, or its duly authorized representative, has executed this License indicating Licensee's consent to all of the terms and conditions of this License, the Conditional Use Permit for the Facility, and Section 604 of the City Code. V. In no event shall operations at the Facility commence until all of the terms, conditions, and requirements contained in or incorporated into this Licensee have been met, including all required tests, reports, and inspections. Dated: By: Hank Duitsman, Mayor By: Patrick Klaers City Administrator CONSENT OF LICENSEE The undersigned duly authorized representative of Northern States Power Company, the Licensee under this License, on behalf of the Licensee, represents that Licensee has fully examined this License, the Conditional Use Permit for the . Facility, and Section 604 of the City Code; and that Licensee 10. . . . consents to each and every condition contained in or incorporated into the License, the CUP, and the City Code. Each person signing below on behalf of the Licensee does so upon the authority of the Board of Directors of the Licensee, and a resolution documenting such authority is attached hereto. LICENSEE: NORTHERN STATES POWER COMPANY By: Its: By: Its: PKB:BA5 11.