7.1. SR 05-17-1993
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ITEM 7. 1.
TO:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND ZONING
ADMINISTRATOR
DATE: MAY 13, 1993 51(
FROM:
SUBJECT: RENEWAL OF CONDITIONAL USE PERMIT
AND SOLID WASTE FACILITY LICENSE
FOR CONTECK ENVIRONMENTAL SERVICES/
PUBLIC HEARING, CASE NO. CU 93-05
APPLICANT
ConTeck Environmental Services, Inc., 22460 Highway 169, Elk
River, MN, represented by Chris Kreger.
REQUESTED ACTION
Renewal of conditional use permit and license to allow a
facility to thermally treat petroleum hydrocarbon contaminated
soil. A copy of staff's proposed conditional use permit and
license is attached. The Planning Commission only reviewed the
conditional use permit.
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SITE ZONING
A1/Agricultural, with the solid waste facility overlay district.
SURROUNDING ZONING
A1/Agricultural - all directions.
LEGAL DESCRIPTION
The legal description of the property that the facility is
located on can be found on the front pages of the attached
license and conditional use permit. A map is attached showing
the general location of the affected property.
OVERVIEW
The ConTeck thermal soil processing facility was originally
permitted by the City of Elk River in February, 1990. Renewal
of these permits should have taken place earlier, however, they
were delayed at City staff's request.
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Attached is a letter from Chris Kreger dated February 3, 1993,
requesting renewal of his permits. As Mr. Kreger indicates in
this letter, the biggest issue to be resolved with the renewal
of these permits, is the possibility of a different contractor
and equipment being used to treat soil than was originally
approved.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
License & CUP Renewal, ConTeck
May 13, 1993
Page 2
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Referencing
paragraphs
document:
the
will
conditional use permit, the following
highlight staff's recommended changes to that
Section 1 - Scope And Conduct of Operation
a. The updated MPCA air emissions permit number has been
added to this section.
b. Staff is proposing language that more specifically
spells out that the operation is for the treatment of
petroleum contaminated soil only.
c. The last proposed change to this section is to allow
for a staff review and consequently, approval or veto
of an alternative treatment facility at this site
based on the alternative facilities' ability to meet
the emissions standards set forth in this permit and
MPCA's air emissions permit. Staff also allowed for
Mr. Kreger to have an appeal process with the
Council, if he does not agree with staff's review of
an alternative facility.
Section 2 - Specific Requirements
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(01) Conditions Precedent - In this section, staff removed
the condition that the permit was subject to approval
of a contingency action plan for the landfill. A
contingency action plan has been approved and this
condition is no longer needed.
(02) Soil Storage During the original review in 1990,
Mr. Kreger indicated the stock piles of soil waiting
for treatment would be covered with dirt to avoid the
petroleum products from being volatized (vaporized
and released to the atmosphere). As far as staff
knows, this has not been done. Another concern with
the stock piles is fugitive dust. Because of these
issues, staff is proposing the maximum storage
allowed be 20,000 cubic yards.
(06) Testing Schedule For Residues - Staff is proposing to
revise this language to take into consideration the
fact that an alternative facility may not be equipped
with the same pollution control equipment as the
original facility. The new language proposed by
staff would allow for testing of residue from
whatever equipment is used on an alternative facility.
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License & CUP Renewal, ConTeck
May 13, 1993
Page 3
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4It RECOMMENDATION
The Planning Commission recommended approval for the renewal of
ConTeck's license and conditional use permit with the above
listed changes contingent on proof of insurance and ConTeck
providing the City with a current legal description.
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-ConTecIL- RECEIVED FEB 04 19931
ENVIRONMENTAL SERVICES, INC.
February 3, 1993
Mr. Steve Rohlf
City Of Elk River
720 Dodge Avenue NW
Elk River, MN 55330
RE: ConTeck License Renewal
Dear Mr. Rohlf
This letter is intended to request that ConTeck Environmental Services, Inc.
License be renewed and that its Conditional Use Permit be modified slightly.
ConTeck has processed a total of approximately 17,000 tons of hydrocarbon
contaminated soils through its facility over the past two years. This is way below
our original estimates. All conditions of the permits are to remain as they were
except for one additional request:
ConTeck would like to be allowed to hire another contractor to complete soil
remediation at this site. All allowable emissions would meet or exceed the limits
set in our current permits, however equipment configuration, looks and size
would be different than our plant.
When ConTeck requests bids from these contractors, it would also require that
pertinent technical information be submitted, allowing us to determine the
contractors ability to meet our performance requirements. Additionally ConTeck
would closely supervise the work in progress to protect the City's and our
interest.
ConTeck is requesting this change due to the poor market in Minnesota for this
type of construction. ConTeck is pursuing and receiving better projects outside
of the State and as a result may be busy on another project when we should also
be processing here. This change will allow ConTeck the flexibility to meet all of
its obligations while providing the same protection to the environment.
At this time ConTeck is uncertain as to the potential to obtain any further
significant business in this area. The State is continuing to allow less than the
best available technology to be used for treatment of this material and the
Petroleum Tank Reimbursement Fund is $5.5 million in the red. Given these
conditions it is unlikely that the situation will change soon. A quick scan of your
records will show that ConTeck has~even had an application for treatment
submitted by Elk River Landfill, Inc. ~c~ illid summer last year.
"
ENVIRONMENTAL CONTRACTORS
CUPRENEW.DOC22460 Hwy. 16~ · Elk River, Minnesota 55330 · (612) 441-4965
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We hope that this meets with your approval and look forward to your response.
Should you have any additional questions please feel free to give me a call.
Sincerely,
ConTeck Environmental Services, Inc.
~y~~,
Chris Kreger, President
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SHERBURNE COUN1Y ABSTRACT &' TITLE CO.
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PAT RASMUSSON
PRESIDENT
CATHY BAILEY
SEC.ITREAS.
BONI CULLEN
MANAGER
Jan. 15,1993
Based on the examination of real estate records I find the following are property
owners within 350 foot radius of the land described on attached Exhibits:
Tiller Corporation, 10633 89th Ave N, Maple Grove, MN 55369
Ernest Toth, 22191 Hwy 169 NW, Elk River, MN 55330
Schulze Farms of Elk River, 10743 181st Ave NW, Elk River, MN 55330
Chris Kreger, 11661 225th Ave NW, Elk River, MN 55330
John Toth, 22915 Hwy 169, Elk River, MN 55330
Barney Horvath, 21884 Hwy 169, Elk River, MN 55330
Bradley Grabowski, 11631 219th Ave NW, Elk River, MN 55330
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317 KING AVENUE · ELK RIVER. MINNESOTA 55330 . (612) 441.3280
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Affiliated with American land Tille Association
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CiTY OJ' ELJ: R.J:VER.
AGU:s:xmr1" POR. J:SS'D'ANCB 01'
A CONDJ:TJ:ONAL USE PBRHIT
CONTBCJ: ENVIR.ONMENTAL SERVICES
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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 CONTBCK ENVIRONMENTAL SERVICES, INC., a Minnesota
corporation (hereinafter referred to as the Permittee or
ConTeck), provides as follows:
WHEREAS, the Permittee has contracted with Elk River
Landfill, Inc. (ERL), to operate a thermal soil processing
facility (the Facility) ae-on the following-described real
properties (hereinafter referred to as the ConTeck Property)
located within the permitted area of the Elk River Landfill
Site (ERL Site) situated in the City of Elk River:
[LEGAL DESCRIPTION TO BE ADDED]
WHEREAS, the City adopted an amendment (the Amendment) to
its zoning ordinance authorizing the designatingen ef-the ERL
Site a Solid Waste Facility (SWF) district effective
January 20, 1987; and
WHEREAS, Permittee will operate a facility for the
processing and treatment of soils contamina~ed' with petroleum
hydrocarbon on the ConTeck Property Landfill en Tract D in the
location as-shown on the site plan:-submitted ~ith the
application dated February 5, 1990; and
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WHEREAS, Permittee's operation will be conducted in
compliance with ERL's Industrial Waste Management Plan and the
City of Elk River's Solid Waste pacilitie. Ordinance, Sections
604 et. seq.; and
WHEREAS, the appropriate and lawful regulation of the use
of land for thermal soil conditioning purposes within the City
is a matter of important public need a?d interest; and
WHEREAS, the residents of the City could be adversely
affected by the unregulated operation of the FacilitY7J and.
WHEREAS, the City Council approved a Conditional Use
Permit 98 ___for the Facility on July 23, 1990,1 and subject to
execution of thie Agrc~m~nt ~eJernin~ the thermal soil
conditioning operation.
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WHEREAS, per.mittee bas applied for renewal of the
Conditional Use Permit app~oved in 1990 and ~endment of the
Cond.itional Use per.mit to allow an alternate ther.mal soil
proces.ing faoility to be operated on the ConTeok Property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Elk River, that ConTeck Environmental Services, Inc.,
is hereby granted a Conditional Use Permit for a ehe-thermal
soil treatment operation on the ConTeck Property described
abo~e subject to the terms, and the conditions and
qualifications set forth hereinafter 8tated and the application
materials submitted to City dated February 5, 1990 and ~
supplementary information dated April 15, 1990, and April 17, ..,
1990, to wit:
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1.) Scope and Conduc~ qf Operations.
(01) The operation of a ~therrnal soil treatment
facility (the Facility) may be conducted on the ConTeck
Property in conformance with existing statutory and
regulatory authoritYJ and the requirements of the City,
Sherburne County (the County), and ~innesota Pollution
Control Agency (MPCA) Air Emissions Permit No. 2346-9~3-0T-
:2, dated June 27, 1990" and in accordance with the
authorization and limitations contained in MPCA Solid Waste
Permit No. 74, the current Sherburne County Solid Waste
Landfill License of Elk River Landfill, Inc. (BRL) ,
Pe~~ittee, the current City of Blk River Conditional Use
Permit and License for Elk River Landfill, and this Permit.
Thermal soil treatment operations may be conducted on the
ConTeck Property only in accordance with the plans,
descriptions, and reports incorporated in said permits
including specifically, but without limitation, the
application for air emissions permit and the application
for Conditional Use Permit dated February 5, 1990, and
supplementary information dated April 15, 1990 and
April 17, 1990.
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(02) Permittee 1a also authorimed to use an alternative
thermal treatment facility on the ConTeck Property, sub~ect
to specific approval of an alternative facility by the City
Building and Zoning Administrator or other design.e o~ the
City of Elk River. Approval to use an alternate facility
will not be granted unless ConTeck has submitted
dooumentation that demonstrates that the operation of an
alternate facility will satiSfy all of the requirements,
ter.ms and conditions of this per.mit. The documentation
submitted shall also include a copy of the MPCA Air Quality
Division per.mit for the alternative facility and a
description of any complaints or enforcement action
regarding the alternate faoility, if applicable.
Performance evaluation testing shall be supplied with the
documentation. If the proposed equipment for the alternate
facility is substantially different than the equipment used
for the previously conducted testing, the City reserves the
right to require additional testing as necessary. The City
will require stack testing of the alternative facility to
ensure compliance with Section 2(03) of this per.mit if
stack test results are not provided with the required
documentation. Per.mittee shall not operate more than one
facility at anyone time on the ConTeck property. ConTeck
shall reimburse the City for actual costs and expenses of
evaluating and approving the use of an alternate facility,
in an amount not to exceed $2,500.00.
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2. )
~pecific Requirements.
(01) Conditions Precedent. This permit is conditioned
upon execution and transmittal to the City of an Agreement
between ConTeck and ERL setting forth the duties and
responsibilities relating to the responsibili~ies of ERL
for the storage of all contaminated and treated soils.
'Phi.!l permit i3 furt.her conditioned UP,)1l conr.lrmatlon by
ConTeck to t.he City that the "contingency action plan" has
bl!!.~n approved by t.he HPCA to addreee the accepta1"lce. of
~oataminatca ~oil~ by ~RL.
(02) Soil Storage. Uuti1 the Paci1ity is fully
openstio1"lal, ERr.., ie permitted to ~tOl::e 3:1,000 cu.bic :yard~
of contami~ated .!loll l~ tIle pJ..e}?O.!IeC. lined cell until
pa..!I.!Iag~ of annual t.est.ing by the HPCA. If staff is
edti~fied tLat the I"acility oper.ates appropriately, ERL is
permitted to store a total of 20tr+,OOO cubic yards of
contaminated 80il.
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(03) Air Emissions. Particulates emitted by the Facility
and/or an alternate facility are limited to .1 grain per
dry standard cubic foot for particulates and 20% opacity.
aJ..<~ the etendard.!l for aie ethi.!l.!lior1-' fo... tll~ pa....;llity. :Any
future MPCA standards more restrictive than those set forth
in this Permit for hydrocarbon or other emissions ~shall
be automatically adopted and made part of this Permit.
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City staff may require testing for emissions as necessary,
but no less th~~ once per year.
(04) Reimbursement for City Review of Pr090sal. ConTeck 4It
shall reimburse the City for all reasonable costs incurred
for reviewing and enforcing the terms of this Permit within
30 days of invoice.
(OS) Parameters for Contaminates in Soil to be Acce9te~ at
the Facility. This Permit incorporates MPCA standards for
acceptable contaminates in soil. Contaminates prohibited
from being accepted at the ERL according to the Industrial
Waste Management Plan are also prohibited for this
Facility. The Facility and/or alternate facility is
allowed to process only petroleum contaminated soil. Soils
which are contaminated with other materials, including, but
not l~ited to, chlorinated organics, creosotes or ammonia,
are not allowed to be processed. Prior to the acceptance
of soils, soils shall be tested, and the results of the
testing copied to City staff,. with City staff shall
have~ authority to deny for good cause the acceptance of
all contaminated soils.
(06) Teetinq Schedule for Residues. The residue from any
cyclone separator and the sludge from settling tanks shall
be tested once per week for certain indicator hydrocarbons
and lead. City staff has the discretion to indicate what
types of contaminates are tested for and to modify the
testing schedule as deemed appropriate71 and shall have che ~
authority to specify an appropriate testing program and ~
schedule for an alternate facility. That The minimum
testing for these residues is once every 160 hours of
operation by the Facility.
(07) Definition of Treated Soil. City incorporates the
MPCA's standards to define "treated soil."
(08) Maximum Size Limit for Stockpile of Treated Soil on
~. ConTeck may store up to 10,000 cubic yards of
treated soil with City staff having the discretion to limit
the stockpile to whatever amount is needed to control
fugitive dust (including no stockpile) .
(09) Hours of Operation. The hours of operation are from
7:00 a.m. to 5:30 p.m. on weekdays and 7:00 a.m. to
4:30 p.m. on Saturdays.
(10) Fugitive Dust. The City incorporates MPCA's
standards regarding fugitive dust, and ConTeck's proposal
(dated February 5, 1990, and supplementary letter dated
April 15, 1990) shall be incorporated into this Permit with
City staff having the discretion to require additional
measures to control fugitive dust if needed.
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(ll) Noise. Standards for noise levels at the property
lines are those established by the MPCA and incorporated
herein.
(12) Minimum Temoerature ot the After Burner. The minimum
temperature for the operation of the after burner shall be
as established by MPCA (1400 degrees). Temperatures shall
be continuously monitored with the results copied to City
staff.
(13) Stack Hei~ht. The City reserves the right to require
the stack height for the Facility or an alternate faoility
to be raised if odor or emissions become a problem.
(14) Increased Financial Burden to the City. ConTeck
Shall pay the City $3,000 per year to cover the estimated
additional police time to patrol this area.
(15) .General Provisions. The City reserves the right to
inspect the Facility during normal operating hours. The
City may order the shutdown of the Facility at any time if,
in the discretion Of the Building and Zoning Administrator
or his agents, the Facility poses an imminent danger to the
general health, safety and welfare of the public or life or
property. ConTeck and ERL agree to indemnify and hold
harmless the City for problems caused by this operation.
ConTeck shall notify the City verbally within 24 hours of
any violations of this Permit and follow this verbal
notification up in writing within four working days,
ConTeck agrees that all communications between MPCA and
ConTeck shall be copied to the City.
3.) Site Environmental Monitoring.
(Ol) Surface W~ter Duality. The Permittee shall have
surface water quality teste performed in conjunction with
sampling quarterly events when water is present for three
(3) consecutive months in anyon-site wetland.
(02) Modification. The testing programs specified in this
Section 3 may be modified by the City Council if the City
council reasonably determines there exists a need for
additional wells or probes to be tested or additional
parameters to be analyzed, based upon water or air quality
test results indicating the presence of contamination.
4.) Dust. Noise. and Odor. Fugitive dust emissions off-
site shall be controlled at the soil processing and ERL Site as
necessary by undertaking the following: road and trail
surfaces within the ERL Site shall be wetted with water or an
appropriate delinquiescent chemical whenever off-site dust
levels become unreasonable as determined by the City Building
and Zoning Administrator. Dust suppressants shall be utilized
to the extent necessary on material and stock piles to reduce
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(01) Comprehensive general liability,
~.__. property damage:
4~ (a) $1 000 000 per claimant
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.~'tH~:';~:"t~ (b) $1,000,000 per occurrence
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wind erosion as well as on other exposed surfaces as
appropriate. Plantings of bushes and trees shall be installed
if needed to buffer the Facility and minimize wind erosion.
All equipment and vehicles utilized at the ConTeck Property
shall be periodically inspected and maintained to minimize
noise. Vegetative barriers along the boundaries of the Site
shall be utilized to minimize off-site noise impacts.
Applicable state standards for noise pollution shall not be
exceeded by the operation, equipment, vehicles, or machinery.
5.) Insurance. The per.mittee 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 per.mittee, its agents and
employees, and the City from claims for bodily injury, death,
or property damage which may arise from the operations on the
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:
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personal injury, and
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(c)
$1,000,000 annual aggregate
(02) Automobile and truck public liability, personal
injury, and property damage, including owned and non owned
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 becomes 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.
6.) Applicabilitv of Conditional Use Permit. This Permit
shall apply only to the Permittee.
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7.) Permit Period. This permit shall be effective only
trom and after the date on which the insurance coverages
required to be provided hereunder have been transmitted to,
reviewed, and accepted by the City. Thereafter, the permit
shall be in force and effect until the ConTeck operations
authorized herein are completed and the Facility is closed in
compliance with the closure plan or two years, whichever occurs
first.
8.) Violation of Conditions. If the Permittee violates
any term or condition imposed by this Permit, or any solid
waste facilities license issued for operation of the Facility
or the Landfill, this 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 ConTeck
and the ERL Property is grounds for suspension, revocation or
termination of this 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, ordinances, 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.
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~.~~_ 9.) Documents. Reports. and Maps. Copies of all
~~~~ocuments, reports, and maps which are required to be supplied
;;:iWr.l to the MPCA or to Sherburne County shall also be supplied to
[j:".::)~.:':~~::G:H~the City, at the same time.
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'~i""":;f:.;';.<':-"'h~;7! 10.) Charges and Fees. The Permittee agrees to pay to the
(""3':F'>,.~,~i~~~ City, wi~hin. 30 days of receip~ c;>f invc;>ice, all costs incurred
r ':;:'C;:;~<r.:~.-~. by the Cl. ty 1n the ongoing adml.nl.strat1on and enforcement of
;m~~;.;~~~~~;~/t this Permit, and an annual police enforcement reimbursement in
:~~~j the amount of Three Thousand Dollars ~$3,OOO).
11.) On-Site Inspection. The City may inspect the 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 materials. 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
time of inspection. Permittee shall promptly notify the City
of the name of an authorized person to be notified and provide
access to the Site in case of emergency.
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12.) Inde~ity. 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 Site.
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13.) Workers' ComDensation. The Permittee shall carry in
a company authorized to transact business in the State of
Minnesota a policy of insurance fulfilling all requirements of
the Workers' Compensation Act, including all legal requirements
for occupational diseases, or self-insure for the above.
14.) Right to Re~ire Performance. The failure of the
City, at any time, to require performance by the Permittee 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.
15.) Severability. If any provision of this Conditional
Use Permit shall be declared void or unenforceable, the other
provisions shall not be affected, but shall remain in full
force and effect.
." ;>,"'.< 16.) Amendment. This Permit shall not be considered
f.~" <,,,, dified, altered, changed, or amended in any respect unless in
J . 9 wri ting and signed by the City and the permi t tee.
.;:.~~t:.r~~ t~~~~:J
. ~.\~!'!.t;:".~::;;r~~~l 1. 7 . ) Conflicts. In any cases in which the Permittee ..
~~~.~:~~elieves there is an irreconcilable conflict between the ..,
,~:I':~F~~~~;~equirements of this Conditional Use Permit and Laws, ~ules,
~~~t~~~fegulations, or Order of any other governmental author~ty, the
:'i4\..:,;:t:::~~;i~)~errnittee shall promptly notify the City of such irreconcilable
~F'):;'.~)~~~:~)onflict and request an amendment of this Conditional Use
,.f .. i . f
':~':~;~.:'~5 .-';;.. erm~t. Unt 1 such t~me as the City acts upon a request or an
amendment to this Conditional Use Permit, which it may grant or
deny in its sole discretion, the terms of this Permit shall
govern all operations at the Site and shall prevail over the
provisions of any document submitted by the Permit Holder and
any requirements of state or federal law. The City shall not
unreasonably refuse to amend this Permit or waive compliance
with this Permit in order to prevent violation of the law.
18.) Modification, Suspension. or Revocation of Permit.
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, or revoked by the City
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 reliable information is secured from
a recognized source which demonstrates that the continued
operation of the facility places the public health, safety, ~
8.
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welfare, or the environment in jeopardy. Such information
includes, but is not limited to the following:
(01) A determination that (other than as indicated in the
pe~it application), standards recommend health advisory
levels or intervention levels for air emissions promulgated
as of the date of this Permit or at a late date, by the
Minnesota Pollution Control Agency, or any other
governmental agency promulgating standards for toxic
wastes, hazardous wastes, pollutants, or contaminants.
(02) 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 the facility, whether or not said laws or
regulations apply by their terms to preexisting thermal
treatment facilities. Suspension, revocation, or amendment
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
Pe~ittee or at the time Of biannual consideration of
renewal of this Pe~it pursuant to the City Solid Waste
Ordinance. Notice of hearing shall include a statement of
the proposed action by the Ci~~nd the reasons therefore.
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ATTt:'ST.. -:~..;~';::.\ :.'.~";~'~"~:~f.fE: CITY OF "LK RIVER:
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('<~':.,:;o::?~r:~~\/;:.Y~'" ..
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Patrick D. Klaers ~\> By: Its: Mayor
CONTECK ENVIRONMENTAL SERVICES
By:
Its:
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C:ITY OF BLX llrvzR.
SOL:ID WASTB FAC:IL:ITY
L:ICBNSB AQUJ:IODI'r
CON'I'BCX BHV:Il101DmN'1'AL SBllV:ICBS
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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 CONTECK ENVIRONMENTAL SERVICES, INC., a Minnesota
corporation (hereinafter referred to as the Licensee or ConTeck),
provides as follows:
WHEREAS, the Licensee has contracted with Elk River Landfill,
Inc. (ERL), to operate a thermal soil processing facility (the
Facility) ae-on the following-described real properties
(hereinafter referred to as the ConTeck Property) located within
the permitted area of the Elk River Landfill Site (ERL Site)
situated in the City of Elk River:
[LEGAL DESCRIPTION TO BE ADDED]
WHEREAS, the Licensee has made application to the City for
the issuance of a Solid Waste Facility License, pursuant to Elk
River Code of Ordinances Section 604, for the operation of a
facility for the processing and treatment of soils contaminated
with petroleum hydrocarbon on the ConTeck property, as shown on
the site plan submitted with the application and dated
February 5, 1990; and
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WHEREAS, the ConTeck Property is located in the Solid Waste
Facility (SWF) zoning district, pursuant to the City of Blk River
Zoning Ordinances; and
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WHEREAS, Licensee's operation will be conducted in compliance
with ERL's Industrial Waste Management Plan and the City of Elk
River's Solid Waste Facili~ies Ordinance, Sections 604 Qt. seq.;
and
WHEREAS, the appropriate and lawful regulation of the use of
land for ther.mal soil conditioning purposes within the City is a
matter of important public need and interest; and
WHEREAS, the residents of the City could be adversely
affected by the unregulated operation of the Facility~; and
WHEREAS, the City Council of the City of Elk River has held a
hearing on the proposed Solid Waste Facility License, at which
hearing all citizens of the City of Elk River and other
interested persons had the opportunity to be heard7J and
WHEREAS, the City Council approved a License for the Faaility
on JUly 23, 19901 and
WHEREAS, Licensee has applie~ for renewal of the License
approved in 1990 and amendment of the License t.o allow an
alternate ther.ma1 soil processing facility to be operated on the
ConTeck Property;
NOW, THEREFORE, the City Council of the City of Elk River e
grants to the Licensee, ConTeck Environmental Services, Inc., and
the Licensee accepts, a Solid Waste Facility License for ~a
thermal soil treatment operation on the ConTeck Property
descrih~d above, subject to the terms, and th~ conditions, and
qualifications set forth hereinafter stated, to wit:
1.) Scope and Conduct of Operations.
(01) The operation of ~a thermal soil treatment facility
(the Facility) may be conducted on the ConTeck Property in
conformance with existing statutory and regulatory authority 1
and the requirements Of the City, Sherburne County (the
County), and th~ Minnesota POllution Control Agency (MPCA)
Air Emissions per.rnit No. 2346-9a3-0T-~2T' dated June ~
1990, and in accordance with the authorization and
limitations contained in MPCA Solid Waste Permit No. 74, the
current Sherburne County Solid Waste Landfill License of Elk
River Landfill, Inc. (ERL) , rcr.mittce, the current City of
Elk River Conditional Use Permit and License for Elk River
Landfill, and this License. Thermal soil treatment
operations may be conducted on the ConTeck Property only in
accordance with the plans, descriptions, and reports
incorporated in said per.mits and licenses including
specifically, but without limitation, the application for air
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2 . . . 1'.<1}. ~l"'.:', ~''''.' .:(~~ . ..,t' .
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emissions per.mit and the application for Conditional Use
Permit dated February 5, 1990, and supplementary information
dated April 15, 1990 and April 17, 1990.
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C02) Licensee i. also authorized to use an alternative
thermal treatment facility on the ConTeck Property, subject
to speeific approval of an alternative facility by the City
Building and Zoning Administrator or other designee of the
City of Elk River. Approval to use an alternate facility
will not be granted unless ConTeck has submitted
documentation that demonstrates that the operation of an
alternate faoility will satisfy all of the requirements,
ter.ms and conditions ot this License. The documentation
submitted shall also include a copy of the MPCA Air Quality
Division per.mit for the alternative facility and a
description of any complaints or enforcement action regarding
the alternate tacility, if applicable. Performance
evaluation testing shall be supplied with the documentation.
If the proposed equipment for tho alternate facility is
substantially different than the equipment used for the
previously conducted testing, the City reserves the right to
require additional testing as necessary. The City will
require staok testing of the alternative facility to ensure
compliance with Section 2(03) of this License it stack test
results are not provided with the required documentation.
Licensee shall not operate more than one facility at anyone
time on the ConTeck property. ConTeck shall reimburse the
City for actual costs and expenses of evaluating and
approving the use of an alternate facility, in an amount not
to exceed $2,500.00.
2.) Specific Requiremente.
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(01) Conditions Precedenc. This License is conditioned upon
exeeution and transmittal to the Cicy of an Agreement between
ConTeck and ERL setting forth the duties and responsibilities
relating to the responsibilities of ERL for the storage of
all contaminated and treated soils. Thie Licen8a is further
conditioned upon confiLIdation oJ ConTeck to the Cit.y that the
~Ic:ontin~cncy action plan" hae b~~n approved by the HPCA to
aaarc~~ the a~eeptance of contaminated Boile by ERL.
(02) Soil Sto1;age. Until the Facili~y is fully operational,
ERL is permi~t~d to etorc 33,000 cubic yaras of contaminated
~oil i~-tfle proposea lined cell until passage of annual
testing hy the HPCA. If .!I~aft is .!Ia~isfied that the Facility
el'~rates appropriately, ERL is permitted to score a cocal 0:1::
206+,000 cubic yards ot contaminaced soil.
(03) Air Emissions. Particulates emitted by the Facility
and/or an alternate facility are limited to .1 grain per dry
standard cubic root for particulates and 20% opacity are the
eltaaaarde for ai%;' emi!:!leion.! tor th~ racility. Any rucure
MPCA standards more restrictive than those set forth in this
License for hydrocarbon or other ~nissions ~shall be
3.
automatically adopted and made part of this License. City
staff may require testing for emissions as necessary, but no
less than once per year.
(04) Reimbursement for City Review of Pr090s~1.
shall reimburse the City for all reasonable costs
for issuing, reviewing and enforcing this License
days of invoice.
ConTeck
incurred
within 30
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(OS) Parameters for Contaminates in Soil to b~ Ac~epted at
tpe Facility. This License incorporates MPCA standards for
acceptable contaminates in soil. Contaminates prohibited
from being accepted at the ERL according to the Industrial
Waste Management Plan are also prohibited for this Facility.
The Facility and/or alternate facility is allowed to process
only petroleum contaminated soil. Soils which are
contaminated wi~h other materials, including, but not limited
to, chlorinated organics, creosotes or ammonia, are not
allowed to be processed. Prior to the acceptance of soils,
soils shall be tested, and the results of the testing copied
to City staff,. ~ith City staff shall have~ authority to
deny for good cause the acceptance of any contaminated soils.
i (06) Testing Schedule for Residues. The residue from any
,;,~~cyclone separator and the sludge from settling tanks shall be
:'~.:.JC~'~ tested once per week for certain indicator hydrocarbons and
;t".ETJ lead. City staff has the discretion to indicate what types
}()~:-:.i./~~~ of contaminates are tested for and to modify the testing
!fF:'(:'-:-.r.:'.~~~; schedule as deemed appropriate-:-, and shall have the authority
i';':.:,~.' ,':'._. to specify an appropriate testing program and schedule for an
fi.~~.S.0:~~.~~ alternate facility. The minimum ~esting for these residues
"i~'",,,~~~\,;.,:,,, is once every 160 hours of operat~on by the Facility.
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".>I<:~':;'.::.'\..'.~. (07) Definition of Treated Soil. City incorporates the
'1:'~'::5.'.";:J MPCA's standards to define "treated soil."
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(08) Maximum Size Limit for Stockpile of Treated Soil on
Site. ConTeck may store up to 10,000 cubic yards of treated
soil with City staff having the discretion to limit the
stockpile to whatever amount is needed to control fugitive
dust (including no stockpile) .
(09) Hours of Operation. The hours of operation are from
7:00 a.m. to 5:30 p.m. on weekdays and 7:00 a.m. to 4:30 p.m.
on Saturdays.
(10) Fugitive Dugt. The City incorporates MPCA's standards
regarding fugitive dust, ,and ConTeck's proposal (dated
February 5, 1990, and supplementary letter dated April 15,
1990) shall be incorporated into this License with City staff
having che discretion to require additional measures to
control fugitive dust if needed.
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(11) Noise. Standards for noise levels at the property
lines are those established by the MPCA and incorporated
herein.
(12) Minimum Temperature of the Afte; Burner. The minimum
temperature for the operation of the after burner shall be as
established by MPCA (1400 degrees). Temperatures shall be
continuously monitored with the results copied to City staff.
(13) Stack Height. The City reserves the right to require
the stack height for the Facility or an alternate facility to
be raised if odor or emissions become a problem.
(14) Inc~eased Fiuancial Bu+den to the City. ConTeck shall
pay the City $3,000 per year to cover the estimated
additional police time to patrol this area.
(15) General Provisions. The City reserves the right to
inspect the Facility during normal operating hours. The City
may order the shutdown of the Facility at any time if, in the
discretion of the Building and Zoning Administrator or his
agents, the Facility poses an imminent danger to the general
health, safety and welfare of the public or life or property.
ConTeck and ERL agree to indemnify and hold harmless the City
for problems caused by this operation. ConTeck shall notify
the City verbally within 24 hours of any violations of this
License and follow this verbal notification up in writing
within four working days. ConTeck agrees that all
communications between MPCA and ConTeck shall be copied to
the City.
3.) Site Environmental Monitorinq.
(01) 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.
(02) Modification. The testing programs specified in this
License may be modified by the City Council if the City
Council reasonably determines there exists a need for
additional wells or probes to be tested or additional
parameters to be analyzed, based upon water or air quality
test results indicating the presence of contamination.
4.) Dust. Noise. and Odor. Fugitive dust emissions off-
site shall be controlled at the soil processing and ERL Site as
necessary by undertaking the following: road and trail surfaces
within the ERL Site shall be wetted with water or an appropriate
delinquiescent chemical whenever off-site dust levels become
unreasonable as determined by the City Building and Zoning
Administrator. Dust suppressants shall be utilized to the extent
necessary on material and stock piles to reduce wind erosion as
well as on other exposed surfaces as appropriate. Plantings of
5.
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bushes and trees shall be installed if needed to buffer the
Facility and minimize wind erosion.
All equipment and vehicles utilized at the ConTeck Property 4It
shall be periodically inspected and maintained to minimize noise.
Vegetative barriers along the boundaries of the Site shall be
utilized to minimize off-site noise impacts. Applicable state
standards for noise pollution shall not be exceeded by the
operation, equipment, vehicles, or machinery.
5.) 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 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 that it shall not be cancelled by the
insurance company without thirty (30) days I written notice to the
City of intention to cancel. The following coverages shall be
provided in amounts not less than those specified:
(01) Comprehensive general liability, personal injury, and
property damage:
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..~..,\~:<.;~~,;~;~'i.1 (02) Automobile and truck public liability, personal injury,
~~S~}~U and property dama~e~ incl~d~ng owned and nonowned vehicles
1i:~""'.!':""":"":""'\'l1,";J with a $500,000 mJ.nJ.mum lJ.ml.t.
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(a)
$1,000,000 per claimant
(b)
$1,000,000 per occurrence
4It
(c)
$1,000,000 annual aggregate
(03) The City may require additional insurance be provided
by the Licensee if market conditions change such that
additional coverage becomes 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 lIeconomically
practicable" and reasonably and lleconomically availablell
shall be determined by the insurance coverages affected by
the Minnesota Joint Underwriters Association or the readily
available private insurance market.
6.) Acplicability of Licensee. This Permit shall apply
only to the Licensee.
7.) License Period. This License shall be effective only
from and after the date on which the insurance coverages required
to be provided hereunder have been transmitted to, reviewed, and
accepted by the City. Thereafter, the permit shall be in force
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and effect until the ConTeck operations authorized herein are
completed and the Facility is closed in compliance with the
closure plan or two years, whichever occurs first.
S.) Vi9lation of Conditions. If the Licensee violates any
term or condition imposed by this License, or any solid waste
facilities license issued for operation of the Facility or the
Landfill, this License 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 ConTeck and the ERL
Property is grounds for suspension, revocation or termination of
this License. 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
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.
9.) Documents. Reports. and Maps. Copies of all documents,
reports, and maps which are required to be supplied to the MPCA
or to Sherburne County shall also be supplied to the City, at the
same time.
FL.ES' . 10. ) Charges and Fees. The Licensee agrees to pay to the
Flf_~City, within 30 days of receipt of invoice, all costs incurred by
f.~ ~. the City in the issuance and ongoing administration and
'\;.:~~;~~:E;~!(~~ en~orcement Of. this License, and an annual police enforcement
r:.":;'"~;~"':F7P;~1 re~mbursement ~n the amount of Three Thousand Dollars ($3,000).
l~\~,~; ,~~).~:~: '1~~.': f:.;.
. ..::"-~~<:<':;::-;'1 11.) On-Site Inspection. The City may inspect the Site for
~i~tfg~~ the purposes of examining and copying nonconfidential records;
t%:;:~~;rEt~t1t7.::l conducting inspections, surveys, investigations, monitoring, or
6~~8~~~~ sampling; and otherwise obtaining necessary information
~i:j:'~5:",';~~' 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 personnel or
agents performing the inspection will notify personnel at the
landfill office at the time of inspection. Licensee shall
promptly notify the City of the name of an authorized person to
be notified and provide access to the Site in case of emergency.
12.) 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 Site.
13.) 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 Workers'
Compensation Act, including all legal requirements for
occupational diseases, or self-insure for the above.
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14.) Right to Require 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.
15.) Severability. If any prov1s1on of this License shall
be declared void or unenforceable, the other provisions shall not
be affected, but shall remain in full force and effect.
16.) 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.
17.) 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
7.. its sole discretion, the terms of this License shall govern all
~:I'~~~k~perations at the Site and shall prevail over the provisions of
;'" lit't any document submitted by the License Holder and any requirements
~jr~~.0~~~fr f state or,fed7ral law. ~e City s~all not unre~son~ly re~use
...........-m;. 0 amend thJ.s Ll.cense or wal.ve compll.ance with th1s L1cense J.n
~:.~,.:tl;;)::K~ rder to prevent violation of the law.
".,./.~~~
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2j~:'!~"~;~{{i::~~w 18. ) ~odl.fl.cation. Suspension, or Revoc;atlon <;Jf Ll.cense.
~~!,il:~~~;~~iS'he violatJ.on of any of the terms of this L1cense J.S ground for
1,!,,~4':~.. " uspension or revocation hereof. Furthermore, the City
..,.,.#::.s:..:a.........,."'!(;
h,':~,,~;r;:. pecifically reserves the right, and the Licensee agrees that
,. his License may be amended, suspended, or revoked by the City 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
License, whenever any reliable information is secured from a
recognized source which demonstrates that the continued operation
of the facility places the public health, safety, welfare, or the
environment in jeopardy. Such information includes, but is not
limited to the following:
(01) A determination that (other than as indicated in the
permit application), standards recommend health advisory
levels or intervention levels for air emissions promulgated
as of the date of this License or at a late date, by the
Minnesota Pollution Control Agency, or any other governmental
agency promulgating standards for toxic wastes, hazardous
wastes, pollutants, or contaminants.
(02) The City reserves the right to amend this License to
impose upon the Licensee the obligation to comply with any
8.
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state or federal law or regulation relating to the operation
of the facility, whether or not said laws or regulations
apply by their ter.rns to preexisting thermal treatment
facilities. 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
biannual consideration of renewal of this License pursuant to
the City Solid Waste Ordinance. Notice of hearing shall
include a statement of the proposed action by the City and
the reasons therefore.
Dated:
ATTBST:
Patrick D. Klaers
CITY OF ELK RIVER:
Its: Mayor
CONTECK ENVIRONMENTAL SERVICES
By:
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