7.1. SR 01-18-1994
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AGENDA ITEM 7.1.
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING & ZONING
ADMINISTRATOR
JANUARY 18, 1994 ~~
DATE:
SUBJECT: SOLID WASTE FACILITY LICENSE AND
CONDITIONAL USE PERMIT RENEWAL BY
NORTHERN STATES POWER (NSP)/
PUBLIC HEARING, CASE NO. CU 87-01
ISSUE
NSP is requesting a two year renewal of their solid waste
license and conditional use permit to process municipal solid
waste into refuse derived fuel (RDF).
LOCATION
East of US Highway 10 and north of 165th Avenue (10700-165
Avenue NW, Elk River, MN).
ATTACHMENTS
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Location Map, Site Plan, Correspondence from NRG dated November
30, 1993, Memos from City Engineer Terry Maurer dated December
7 and December 27, 1993, Memo from City Environmental
Consultant John Lichter dated December 22, 1993, and a revised
solid waste license and conditional use permit.
SITE ZONING
The zoning of NSP's site is Solid Waste Facility (SWF) with an
underlying Light Industrial (I1) zone.
BACKGROUND
NSP made application in 1986 and first received approval of a
license and conditional use permit to process municipal solid
waste into refuse derived fuel in 1987. According to NSP's
permits, they must be renewed with the City every two years.
NSP also needs a license from Sherburne County and a permit
from the Minnesota Pollution Control Agency (MPCA) to operate
their facility. Staff has coordinated with Sherburne County
Environmental Officer Dave Lucas regarding NSP's permits.
TRAFFIC
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Staff has asked Terry Maurer to review certain traffic issues
regarding NSP's plant. These issues are addressed in Mr.
Maurer's memo. Staff does not believe that these traffic
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Northern States Power, CUP
January 18, 1994
Page 2
----------------
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issues warrant changes to roads or the operation of NSP's plant
at this time.
GROUND WATER
The City requires that NSP test run-off from their facility
three times during the year after a rain fall (spring, summer,
and fall). These samplings have shown no exceedences in
standards. However, the Department of Health has raised a
concern with the lead level in NSP's potable water supply.
Staff believes this problem is caused by NSP's plumbing and not
ground water contamination. We will follow-up with NSP to the
conclusion of this issue.
FENWAL SYSTEM
The NSP processing plant grinds municipal solid waster inside
of bunkers to produce RDF. The nature of this process can
cause. explosions because of improper waste contained in the
waste stream. To counteract these explosions, the bunkers are
armed with a Fenwal System. This system instantly reacts to an
explosion with a counter explosion.
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NSP has had ten Fenwal System discharges this year. The Fenwal
System did its job and reduced the damage due to these
explosions and kept subsequent fires to a m1n1mum. Although
this seems like a high number of incidences, staff does not
view it as ~ problem, but rather, that this extremely sensitive
system is doing its job. The NSP plant is also diked so that
any fire suppression water that may be produced is contained
within the building.
Because of the concern with CFC's, NSP has switch from a halon
to a sodium bicarbonate Fenwal System.
SPOT CHECKS
The real key to reducing the number of explosions at the plant
is to keep improper items out of the waste stream. Staff has
inspected the NSP plant several times in the past year. Staff
has checked the work of the grapple operator who removes
improper waste prior to processing and the NSP employees who
periodically spot check loads of waste as they are being
delivered. The City's license requires that these spot checks
be done and if possible, the generator of improper waste is
identified and prosecuted. Staff wants to stress that NSP
needs to keep up with these spot checks.
DUST COLLECTION SYSTEM
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The grinding of waste into RDF can produce large amounts of
dust. NSP has a dust collection system that filters this
dust. In the last year, NSP has modified this system by
removing every other filter. They indicated this was necessary
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Northern States Power, CUP
January 18, 1994
Page 3
----------------
since items
the system's
performance
the removal
were getting stuck between the filters and reducing
efficiency. This situation will be followed-up by
testing on March 1, 1994, to prove whether or not
of these filters aided in dust collection.
TRANSFER OF PERMIT
NSP is proposing that NRG, Inc., a wholly owned subsidiary of
NSP, takes over the operations of the RDF processing facility.
Representatives from NSP/NRG can explain their need to do this
at Tuesday night's meeting. Staff was concerned with losing
NSP as the ultimate party responsible for the operations of the
facility. NSP/NRG is proposing to alleviate staff's concerns
by having NSP co-sign the City's permit, indicating that they
will ultimately stand behind the operations at the plant.
NSP has offered to provide a tour of their facility for the
City Council and Planning Commission. Staff will arrange an
appropriate time.
RECOMMENDATION
City staff has had a good relationship working with NSP and has
found them very cooperative. Staff has no problem recommending
approval of a two year renewal of NSP's solid waste license and
conditional use permit to operate a solid waste facility. The
Planning Commission concurred with staff under the following
conditions:
1. THE CITY ENGINEER CONTINUES TO MONITOR TRAFFIC ISSUES
ASSOCIATED WITH NSP'S PLANT AND CHANGES TO ROADS
AND/OR PLANT OPERATIONS ARE ORDERED IN THE FUTURE, IF
WARRANTED.
2. THE POTABLE WATER ISSUE (LEAD) IS RESOLVED TO STAFF'S
SATISFACTION. This condition does not take an
amendment to NSP's permits.
3. NSP'S DUST COLLECTION SYSTEM MEET STATE PERFORMANCE
STANDARDS. This condition does not take an amendment
to NSP's permits.
4.
NRG BE NAMED
AND CONDITIONAL
PERMITS.
AS THE PERMITEE ON THE CITY'S LICENSE
USE PERMIT, BUT NSP CO-SIGNS THE
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N=tG Energy, lru:.
Elk River-Resource Recovery
10700 l65th Avenue NW
Elk River, MN 55330
Telephone (612) 441-3800
Fax (612) 441-8989
November 30, 1993
Mr. Pat Klaers, City Administrator
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
Dear Mr. Klaers:
RE: Elk River Resource Recovery Facility Application for
Conditional Use Permit & Solid Waste License Renewal
Pursuant to Part 604.14 of the City of Elk River Ordinance, Northern
States Power Company (NSP) is submitting this letter of application
for the renewal of the Conditional Use Permit and Solid Waste License
for the Elk River Resource Recovery Facility.
We recently reviewed Mr. Steven Rohlf's letter of November 3, 1993
advising us that the transfer of the City's License and Conditional
Use Permit from NSP to NRG would be considered at the City Council's
January 1994 meeting. Unfortunately, we are attempting to transfer
the Elk River Resource Recovery facility assets (identified in our
October 27, 1993 letter to you) prior to the end of this year. In
order to do so, we must have a more affirmative statement regarding
the City's Administration's support for the transfer, than that which
was contained in Mr. Rohlf's letter. We are currently talking with
Steve about the City's requirements/limitations in providing such a
statement.
There has been one amendment to the Conditional Use Permit since the
last renewal. On March 15, 1993, the City Council approved an
amendment allowing municipal solid waste (MSW) to be delivered to the
facility by transfer trailers between the hours of 6 a.m. and 9 p.m.
Monday through Saturday. A stipulation that no hauling to the
facility be done between the hours of 5 p.m. and 7 p.m. on Friday
evenings during May 1 through October 1 was included in this
amendment.
Two changes have been made to the site during the 1992-1993 period.
The first change was the enclosing of the dust collection dust return
system. This change was made to prevent the escape of fugitive
material onto the site. The second change was an extension to the
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Page 2
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sanitary drain field which was completed this fall. This change was
necessitated when it was discovered that the drainfie1d wasn't able
to handle the facility sewage volume. Investigation revealed that
the number of employees currently on the facility site was greater
than original design and the individual employee usage of potable
water was higher than anticipated.
The following statistics have been achieved at the facility since the
first full year of operation in 1990.
TONS OF MATERIAL
Municipal Solid Waste
Refuse Derived Fuel
Ferrous
Residue
1990
409,983
292,856
15,740
60,643
1991
414,031
303,845
15,988
72 , 549
1992
427,849
319,680
15,156
67,927
(to date)
1993
390,000
311,000
13 , 000
44,000
If you have any questions regarding this submit~a1, please contact me
at 441-3800.
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Glen Kaas
Plant Manager
cc: Steven Rohlf, City of Elk River
R. J. Will
J. W. Weinhold
John C. Lichter, P.E.
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Elk River
Resource Recovery
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NSP ELK RIVER RESOURCE RECOVERY FACILITY
Location
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General contractor
Architectural Engineer
Construction start Date
Commercial Date
Number of Employees
Cost of Project
counties Participating
Hours of Receiving
Amount of MSW Processed
(Municipal ~olid Naste)
population served
~umber of Trucks/day of MSW
Number of Ton/Truckload MSW
RDF Production
(Refuse Qerived Euel)
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Plants receiving RDF
Electricity Produced
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% MSW Reduction by Volume
in volume
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Paper
other Combustibles
Ferrous Metal
Non-Ferrous Metals
Glass, Sand, organics, etc.
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BTU
Pollution Control
scale House
Electricity Produce from RDF
10700 165th Avenue NW, Elk River, MN
35 miles NW of the Twin cities
NSP
stone & Webster
May 1987
August 1989
65
26.0 Million
Anoka, Hennepin, Sherburne, Tri-County
Waste Management Commission (Benton
Stearns & Western Sherburne)
6AM to 6PM, Monday through Saturday
(Except Holidays - 307 days a year)
1500 Tons/day
460,000 tons/year
680,000 people
165
9
1,125 tons/day
345,000 tons/year
20 Ton Transfer trailer
UPA in Elk River & wilmarth Plant in
Mankato
30,000 Kilowatts
68%
85%
45%
35%
7%
1%
12%
100%
4500
BTU/lb
Baghouse
weigh-in and Weigh-out
Revised 3/1/90
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CONSULTING ENGINEERS
CiVil ENGINEERING
ENVIRONMENTAl
MUNICIPAl
PlANNING
STWCTURAI
e SURVEYING
TRAFFIC
TRANSPORT A TlON
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
fax: 612-644-9446
_800 Shelard Parkway
Minneapolis, MN 55441
612.546-0432
fax: 612-544-6398
DU ~ 1Sg3
December 7, 1993
File: 230-100-30
Mr. Steve Rohlf
Building & Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: RDF PLANT TRAFFIC ISSUES
Dear Mr. Rohlf:
As you requested, I have done a brief review of the four traffic issues you raised relative
to the RDF plant. Given the short period of time, we have not been able to do any in-depth
analysis. However, I will give you my thoughts on each of those issues. They are as
follows:
1. TH 101 Traffic Concerns
As we have discussed before, I do not believe that restricting the RDF traffic to
specific hours outside of the peak traffic times on TH 101 or restricting the RDF
traffic from utilizing TH 101 will make any kind of significant impact on the current
traffic conditions on TH 101. I believe that the number of vehicles headed for the
RDF plant is minimal at best, compared to the total traffic on TH 101 at any given
time. Therefore, it would be my recommendation to not restrict the amount nor the
times that RDF traffic may utilize TH 101.
2.
Eastbound TH 10 Left Turn Lane
You had indicated that when more than one tractor-trailer was stopped in the left
turn lane waiting to turn eastbound onto 165th, they oftentimes are partially blocking
the eastbound through lane of TH 10. In reviewing the plans for the construction
of that left turn lane from 1990, the total length is 400 feet plus a taper section of
approximately 180 feet. I would assume that these tractor-trailers would fall in a
total length of 60 to 80 feet; therefore, at least three to four of these types of
vehicles ought to be able to line up and stop in the left turn lane without blocking
the through lane on TH 10. Attached to this letter is a copy of Plan Sheet #3 of 4
from the 1990 construction of the improvements at this intersection. This will give
you the specific detail on the length of the turn lane in question.
TJM:tp
100-0705.dec
Mr. Steve Rohlf
December 7, 1993
Page Two
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3. Eastbound TH 10 Acceleration Lane
The next issue you asked about was the desirability of constructing an acceleration
lane for vehicles headed eastbound on TH 10 from 165th Avenue. As you are
aware, and as is also shown on the attached Plan Sheet, an acceleration lane was
constructed for westbound traffic coming from 165th Avenue on TH 10. That
acceleration lane is approximately one-quarter mile long and had a total cost three
years ago of approximately $35,000-$40,000. There is no doubt that an acceleration
lane for eastbound TH 10 would be of benefit to those large and loaded vehicles
leaving the plant trying to merge with traffic on eastbound TH 10. The real
question that I do not have sufficient information to answer at this point in time is
what is the cost benefit ratio. If there is a limited number of large vehicles that
would actually use this acceleration lane, there may not be sufficient benefit to
justify an expenditure of that amount of money. If there are a substantial number
of vehicles making this movement, then clearly there would be a cost benefit ratio
to justify that type of expenditure.
4. TH 169 Crossover at UPA
Although a full crossover on TH 169 would keep vehicle traffic between the RDF e
and UP A plants off of some local roads and away from the TH IO/Main Street
intersection, it does create some other problems. Basically, this proposal would
require large, fully loaded tractor-trailers to come up the TH 10 off-ramp at TH
169, reach the acceleration lane, and immediately begin to cross two lanes of traffic
to reach the left turn lane at UPA. This would likely be viewed as very negative
by MnDOT due to the large number of conflicting vehicle movements it adds to a
relatively short stretch of trunk highway.
I hope that this quick analysis and comments on these four traffic issues are helpful. Given
more time, we could certainly provide more in-depth information on any or all of these
issues. Please let me know how you would like us to proceed.
Sincerely,
MSA, CONSULTING ENGINEERS
~~~(7J}I~~./"J
() _ )'" ,:..0
Terry J. Maurer, P. E. !
Attachment
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TJM:lp
lOO-0705.dec
.MS ~
CONSULTING ENGINEERS
C/VIL ENGINEERING.
ENVIRONMENTAl
MUNICIPAl
PLANNING
STRUCTURAl
-SURVEYING
TRAFFIC
TRANSPORTATION
1326 Energy Pork Drive
Sf. Paul, MN 55108
612.644.4389
Fox: 612-644.9446
_800 Shelard Parkway
Minneapolis, MN 55441
612.546.0432
Fox: 612.544.6398
December 27, 1993
File: 230-000-00
Mr. Stephen Rohlf
Building and ZOning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: RDF PLANT TRAFFIC ISSUES
Dear Mr. Rohlf:
As requested, we have reviewed the traffic concerns for the RDF plant relative to vehicles
exiting 165th Avenue and heading eastbound on TH 10. Specifically, the issue we were
asked to review was whether or not there is a need to construct an acceleration lane for
these movements. In reviewing this issue, we have talked to Mr. Glen Kaas, manager of
the RDF plant. Mr. Kaas was able to provide us with information relative to these types
of movements over the last year. His information indicated the following:
.
During the last year, there were 2,264 semi-trailer type of units which turned left.
Based on a five or six day week, this would mean 7.3 to 8.7 vehicles per day turned
left.
· There were 22,054 other types of single axle vehicles which made this left turn,
which results in an average of 71.8 to 80.6 vehicles based on a five or six day
week.
Some of the other thoughts that we had relative to analyzing this issue are as follows:
.
Most of the vehicles making this left turn to eastbound TH 10 are empty when they
leave the plant, which should ease the length the vehicle needs to accelerate up to
the speed of traffic on TH 10.
.
We are not aware of any significant accident record at the intersection of 165th and
THlO.
.
Of all the vehicles turning left, the large portion of these would be able to stop in
the median between east and westbound TH 10 and wait for an appropriate gap to
continue their left turn into TH 10 traffic. This, of course, is not true for the seven
to eight semi-tractor trailer trips per day.
Mr. Stephen Rohlf
December 27, 1993
Page Two
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· The number of semi vehicles making this left turn onto east TH 10 is significantly
lower than the vehicles that make a right-hand turn utilizing the existing acceleration
lane and go westbound on TH 10. The majority of the vehicles making a westbound
right turn movement would also be loaded and would take a longer length to
accelerate up to highway speed.
There is no clear, concise analysis that can be applied to this situation to determine whether
or not an acceleration is needed. We have concerns that constructing an acceleration lane
in this location would be somewhat out of the norm. Typically, acceleration lanes are on
the outside of the highway, much like the westbound lane is. We do have some concerns
that constructing one on the inside may lead to confusion to the motoring public and could
create safety issues above and beyond those trying to be corrected by such an installation.
It is not clear to us from the information we have been able to gather and analyze that there
clearly is a need for one at this point in time. We would recommend at this time that an
acceleration lane not be constructed but that the situation continue to be monitored and
reviewed on an ongoing basis. One other consideration that may be appropriate in the
future would be consideration of signalizing the intersection rather than constructing an
acceleration lane. There are warrants for traffic signals based on the delay of the side _
street. Certainly the low volume of traffic on 165th would never meet signal warrants .,
based on total traffic volumes. However, the warrants for interruption or delay on the
minor leg of the intersection may be met now or in the future.
If you have any additional questions or would like us to do more work on this issue, please
call.
Sincerely,
MSA, CONSULTING ENGINEERS
~
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000-2710.dec
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LIi5SJ:H
B.A. LIESCH ASSOCIATES, INC. 13400 15TH AVE. N. MINNEAPOLIS, MN 55441 612/559-1423 FAX: 612/559-2202
MEMORANDUM
TO: STEVEN ROHLF - CITY OF ELK RIVER
JOHN LICHTER - B.A. LIFSCH ASSOCIATES 817
FROM:
DATE:
DECEMBER 22, 1993
RE:
RENEWAL OF NRG CONDITIONAL USE PERMIT
.
Based on our recent telephone conversations, I have reviewed several issues in regard to
the Conditional Use Permit (CUP) renewal request forwarded by NRG. At this time, I
have not received all information that has been requested from NRG, however, based on
our discussions, I believe the information they submit will not impact the findings of this
memorandum. I had conversations with Mr. Joseph Weinhold of NRG concerning
environmental issues at the NRG facility.
I have confirmed the following issues with Mr. Weinhold:
1. The Fenwall system has been switched from Halon to a sodium bicarbonate system
thus eliminating the discharge of CFCs from the system.
2. Mr. Weinhold indicated that their water supply testing in the plant exceeded MDH
EP A standards for copper in the softened water supply based on two samples taken
in the janitor's sink and the bathroom sink. It is anticipated by Mr. Weinhold that
these levels may fall within drinking water standards in the unsoftened drinking
water source. Samples confirming test results from the drinking water sources will
be collected in January and analyzed shortly thereafter.
3. The metals levels present in run-off water on-site has been below the drinking
water standard or RAL for lead and cadmium, the two metals that we have been
analyzing in surface water run-off on the facility.
.
Based on my conversations with you and Mr. Weinhold, it is not likely that NSP has
exceeded the tonnage requirement of 1526 tons per day on an average annual through-put
basis in their existing permit and license from the City.
~"l!lI.a.:~"'~'k1-"3It~~iX'L.:m'~;r,,~~.i.;&ili'~'6\.,m'~f~'~~~1o~'.~'~"".iMi1~~~~;.r.r.m;~~0~~IO",.w~'q.i,,,,,..~~i1ti;\\i3't.:l&~~;~i~.
Page 2
December 22, 1993
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I also spoke with Mr Weinhold regarding the renovation of the dust collection system.
It has been enclosed and some bags have been removed from the bag house system. This
was necessitated by bridging of light materials that were separated from the air
classification process. (A typical example would be sandwich wrap plastic film.) These
materials were bridging between the bags causing a reduction in air flow and head loss
through the system. By eliminating the bags, the bridging has been reduced and the
system is working more effectively then it was previously. Mr. Weinhold had indicated
that there would be some correspondence forwarded to the City documenting their testing
results.
Steve, if you have any questions, please call me.
maw:ENV /39003/memoI22293. wp
.
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B.A. LIESCH ASSOCIATES, INC.
13400 15TH AVENUE NORTH
MINNEAPOLIS, MINNESOTA 55441
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.
EXHIBIT A
CITY OF ELK RIVER
SOLID WASTE FACILITY LICENSE
NRG ENERGY, INC.
WASTE PROCESSING FACILITY
This Solid Waste Facility License (the License), originally
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, and subsequently reissued to NRG Energy, Inc. (together
referred to as 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, and November 30, 1993, applications 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
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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 prop~rties and
neighborhoods adjacent to the Facility or within
the City;
3. Protecting the public health, safety, and general
welfare;
4. Avoiding traffic congestion or hazard; and
5. Preventing land, water, or air pollution.
III. Requirements and Conditions:
1.
Incorporation of Plans and Application Materials.
Construction and operation of the Facility shall be in
accordance with the plans and other materials submitted
by Licensee to the City and the MPCA, including those
identified above in Section I of this License, all of
which are hereby made a part of this License.
Construction or operation in violation of any of the
material statements of fact, factual information, or
representations made by the Licensee to the City or MPCA
shall be deemed to be a violation of this license.
2. Submission of Final Plans. Final plans and
specifications for the Facility must be reviewed and
approved by City staff and/or consultants prior to the
issuance of a building permit for the Facility.
3.
Incorporation of MPCA Permit and Regulations. The terms
and conditions of the MPCA permit and all MPCA
Regulations applicable to the Facility 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
or any MPCA Regulation will constitute a violation of
2.
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the terms of this License. Licensee shall notify the
City immediately of any violation of the terms,
conditions, or requirements of the MPCA permit or MPCA
Regulations, and shall advise the City as to what steps
will be taken to correct said violations.
4. Incorporation of Amendments to MPCA Permit or
Regulations. No amendment or change to any term,
condition, or requirement of the MPCA permit or
Regulations 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, except
those amendments which impose stricter performance,
testing or reporting requirements on the Facility.
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.
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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
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Waste shall be allowed as provided by Section 604 of the
City Code. Licensee shall notify the City immediately
upon the discovery, release, or spill of any hazardous
or dangerous waste at the facility and shall advise the
City what steps will be taken to contain and 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;
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(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.
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(d) Licensee shall develop, for City approval, a dust
control plan, including maximum allowable levels of
4.
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(e)
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dust in the air and on surfaces at the Facility;
and shall schedule, on a regular basis, down time
for dust control pursuant to the plan, major
repairs and cleaning of the Facility. City shall
have the right to thoroughly inspect the Facility
for dust control, cleanliness and compliance with
the other terms of this License during such down
time.
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 proced~res 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 Street to
Highway 10, Highway 10 to Main Street, Main Street to
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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.
processinq 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.
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12. Hours. The Facility may operate twenty-fou+ (24) hours
a day on a temporary pasis. 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, and that the Facility shall not
receive any MSW between the hours of 5:00 p.m. to
7:00 p.m. on Fridays during the months of May through
September. 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.
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6.
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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.
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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.
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20. Expiration and Renewal. This License shall expire on
January 31, 1996, 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.
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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. 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.
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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.
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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.
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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:
Henry A. 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 consents to each and
every condition contained in or incorporated into the License,
the CUP, and the City Code.
10.
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Each person signing below on behalf of the Licensee does so
upon the authority of the Board of Directors of the Licensee, and
a resolution documenting such authority is attached hereto.
LICENSEE:
NRG ENERGY, INC.
By:
Its:
By:
Its:
This Solid Waste Facility License was originally issued to
Northern States Power Company (NSP), which constructed the
Facility and operated the Facility until December 1993. NSP has
sold the facility to NRG Energy, Inc. (NRG), and assigned to NRG
all of its rights and interests under this License. The City has
consented to this assignment, on condition that NSP agree to
guarantee NRG's compliance with the conditions of this License.
NSP, by its execution of this License, agrees to guarantee NRG's
compliance with the conditions of this License, and warrants that
NSP will bring the Facility into compliance with the conditions
of this License in the event that NRG fails to do so. This
guarantee specifically includes, but is not limited to, the
Licensee's obligation to indemnify the City pursuant to
Section 23 of this License.
NORTHERN STATES POWER COMPANY
By:
Its:
By:
Its:
PKB:IR3s
11.
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EXHIBIT A
AMENDED CONDITIONAL USE PERMIT NO. 86-86
For
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 Amended Conditional Use Permit No. 86-86 (the
Permit) originally issued to Northern States Power
Company and subsequently reissued, as amended, to NRG
Energy, Inc. (together referred to as Permittee) 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, and November 30, 1993
applications 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
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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.
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.
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.
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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
inspection to ensure compliance with all of the terms
and conditions of this permit and the Solid Waste
2.
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A.
Order a load of MSW inspected, pursuant to the
procedures set forth in the license for the
Facility;
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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:
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.
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
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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.
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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, and that the Facility shall not
receive any MSW between the hours of 5:00 p.m. to
7:00 p.m. on Fridays during the months of May through
September. 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.
12. At the Processing Facility, all truck and Processing
Facility wash water shall be diverted and captured in a
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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.
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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.
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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
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
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18.
19.
20.
21.
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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 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
6.
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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 B 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 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.
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
7.
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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.
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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.
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
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Elk River Resource Recovery Facility
10700 165th Avenue N.W.
Elk River, Minnesota 55330
Attention: Plant Superintendent
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Permittee by certified or registered mail at the
following addresses:
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
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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 conditions have been met by the
Permittee and are inspected by the City.
PERMITTEE:
NRG ENERGY, INC.
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By:
Its:
9.
Notary Public
STATE OF MINNESOTA
ss.
~ COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1994, by , the
of NRG Energy, Inc., a Minnesota
corporation, on behalf of the corporation.
This Conditional Use Permit was originally issued to Northern
States Power Company (NSP), which constructed the Facility and
operated the Facility until December 1993. NSP has sold the
Facility to NRG Energy, Inc. (NRG), and assigned to NRG all of
its rights and interests under this Permit. The City has
consented to this assignment, on condition that NSP agree to
guarantee NRG's compliance with the conditions of this Permit.
NSP, by its execution of this Permit, agrees to guarantee NRG's
compliance with the conditions of this Permit, and warrants that
NSP will bring the Facility into compliance with the conditions
of this Permit in the event that NRG fails to do so. This
guarantee specifically includes, but is not limited to, the
permitee's "Responsibility for Costs" under Section 21 of this
Permit.
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NORTHERN STATES POWER COMPANY
By:
Its:
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1994, by , the
of Northern States Power Company, a
Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(PKB)
e
PKB:IR4s
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