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7.2. SR 01-18-1994 r I -\.) ( )j rl~ AGENDA ITEM 7.2. TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING & ZONING ADMINISTRATOR DATE: JANUARY 18, 1994 5R SUBJECT: SOLID WASTE LICENSE AND CONDITIONAL USE PERMIT RENEWAL BY UNITED POWER ASSOCIATION (UPA)/ PUBLIC HEARING, CASE NO. CU 87-02 ISSUE Renewal of solid waste facility license and conditional use permit. LOCATION The northwest corner of the intersection of US Highway 169 and US Highway 10 (17845 Highway 10, Elk River). ATTACHMENTS Location Map, Site Plan, Correspondence from UPA dated November 30, 1993, Correspondence from John Lichter, City Environmental Consultant, dated December 20, 1993, and draft solid waste ~ license and conditional use permit. BACKGROUND UPA first made application for a solid waste facility license and conditional use permit to burn refuse derived fuel (RDF) in 1986, and gained approval of that permit in 1987. UPA must renew their conditional use permit every two years. They are also required to have an air emissions permit by the Minnesota Pollution Control Agency (MPCA) for the operation of their plant. ZONING The UPA site is zoned Solid Waste Facility (SWF), which is an overlay district. The underlying zoning of this site is Light Industrial (11). PAST PERFORMANCE As you can note on the 3rd page of the correspondence from UPA, the number of exceedences to their emissions standards has dropped each year they have operated down to 1 exceedence in 1993. UPA has been very cooperative at identifying the causes for exceedences and taking corrective action. ~ The above mentioned exceedences were on standards that are continuously monitored (HLC and CO) at the UPA facility. UPA P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e e e United Power Association, CUP January 18, 1994 Page 2 ---------------- does complete testing, according to their state permit, every 15 months. This complete testing includes other emissions such as dioxins and furons. There has been five rounds of testing at the plant. All five times UPA has been below these standards. FUTURE PERFORMANCE The next complete round of testing at the UPA facility is scheduled for February, 1994. After that testing event, all four seasons will have been tested. The significance of getting a data base on each season is that there can be a variation in make-up of waste, depending on the time of the year. This waste variation could affect the efficiency of the plant's pollution control measures. It appears a new set of "tighter" standards, which are outlined in John Lichter's memo, will be finalized by the State in 1994. However, compliance with these new rules will be phased in. These new standards will include a standard on the emission of mercury. Heavy metal emissions, in general, are controlled by controlling particulate emissions. Mercury is somewhat the exception to this, because it can be in a gaseous form. Staff believes this is the rational behind the State requiring mercury to be the metal that is sampled. Staff is recommending UPA's solid waste license is worded such that new State or Federal standards are automatically incorporated into this permit, if they are more restrictive. UPA has offered to provide a tour of their facility for the City Council and Planning Commission. Staff will arrange an appropriate time. RECOMMENDATION Staff has worked-closely with UPA and is pleased with their cooperation. We do not hesitate to recommend approval of a two year renewal of their conditional use permit. The Planning Commission concurred with staff regarding the condition that new, more restrictive State or Federal standards are automatically incorporated into UPA's City permits. LdcATION I I I CO liD NO 12 ~ I z 0 en '" U 176TH -J ~I c ~I -J ., IoJ . ex: 0 0 0 ex: -J - ~ 0 ~I 0 %: Z U ... 0 0 l.!l en z 0 )( CD z ex: 0 0 ;: :;;) :;;) ... 0 01 - ex: 0 !: 0 0 0 - '" LOCATION MAP e City of 1! Ell{ CASE CU 87-02 . . P.o. Box 490 · 13065 Orono P;~kway · Elk Ri~er. MN 55330 . (61:2) 441.7420 --- iUPA SITE PLAN . ,III )j~ .' . AJ p. , k~ J "f'~\ ~~~~i '...~:t.~~i ~~~:~~.~. : r ~f~ J I W~/I .~ 't1 / H, Vv. '::LC1' . r.CJJ.\r:~:~ . --------lif_.._ "'--/111 __._'''_''-' -...------ -- .-- - u .- , . ~ i j I ! ! y\1__ ).--.. 'r-oc \ \ \ \ \ 1\ \ \ , \ \ \ \ ( \ \ \ \ \ \ \ \ \ c;\ [)--.\\ \ \ \ I , . \\ . \ \\ \\ ~-- . ... , \ \ \ \ \ \ \ . e . - e ~~ United Power Association P.O. Box 800 . Elk River, MN 55330-0800 . (612) 441-3121 November 30, 1993 Our File:8-30-8 Mr. Steven Rohlf City of Elk River PO Box 490 13065 Orono Parkway Elk River, MN 55330 Dear Mr. Rohlf: Applications are hereby made for renewal of the Solid Waste Facility License and Conditional Use Permit #87-10 for the Elk River Generating Station (ERS). These applications are prepared and submitted by United Power Association (UP A) in accordance with the procedures and requirements of Sec.tions 604.14 and 900.42 of the Elk River City code. I. Changes e There are no changes in the information submitted in the last approved license application that the City is not already aware of through other regulatory processes or prior written communication with the City. For example, in May 1992, we installed a new building for loading ash. This building was issued a building permit by the City. II. Solid Waste Burned During the period November 1, 1991 to October 31, 1993 the ERS burned a total of 533,651 tons of refuse derived fuel (RDF). ' ID. Solid Waste to be Burned UP A projects that ERS will burn 570,000 tons in the two year period of November 1, 1993 to October 31, 1995. Given the variation in RDF density from 2 to 4 pounds per cubic foot as flred, the expected volume corresponding with the above-projected weight is 285 million to 570 million cubic feet of RDF. IV. Property Owners within 350 feet. Attached. v. Other Information e . Letter To: Mr. Stephen Rohlf. Building & Zoning Administrator. City of Elk River Re' FRS Solid Wa..re Facilitv I icense and ConditionallTser Pennit *1(7.10 A",licalinn~ renewal November 30. 1993 The following additional infonnation may also be of interest a. Emissions Testing e The most recent emissions test (stack test) was completed in November of 1992. Results of that testing were reported to the MPCA and to the City of Elk River. As has been the case with previous emissions testing, ERS was shown to be well below the established emission standards. Refer to attached March 9, 1993 letter. Mercury was the only one of the eight metals tested. There presently are no emission limitations for mercury or the other metals. However, one is being proposed for mercury. The measured emission rate for mercury was approximately 16 times less than the standard proposed in the current MPCA rule-making. At its March 15, 1993 meeting, the Elk River City Council waived the requirement to analyze for the seven other metals in November 1992 with the understanding that the complete series will be done in the next emission test in early 1994. The next emissions test is being planned for February of 1994. AS with prior emission tests, UP A will notify the City of the results. With the completion of this planned emission test, we will have completed emissions testing in all four seasons. e b. Proposed New Municipal Waste Combustor Regulations The Minnesota Pollution Control Agency (MPCA) is in the process of promulgating new municipal waste combustor regulations. UP A anticipates that these regulations will be finalized in 1994 and will then be making application for re-issuance of the pennit. There may be some plant modifications needed to meet anticipated stricter emission limitations such as a new sulfur dioxide (S02 ) emission limitation. There is no S02 emission limitation currently in place. However, ERS emits S02 at a very low rate relative to the rates of other power plants. c. The following parameters are limited by the MPCA and are monitored to demonstrate compliance: particulate matter, PCDDIPCDF, hydrogen chloride gas (HC!), carbon monoxide (CO), and opacity. ERS continues to operate well within the established emission limits. However, ERS has experienced exceedances of HCI and CO gases especially in the first several years since beginning commercial operation in August of 1989. Such occasional exceedances are due to equipment failures and excessive fuel variability. The numbers of exceedances have been reduced in the last e 2of3 Letter To: Mr. Stephen Rohlf, Building & Zoning Administrator, City of Elk River Re' ERS Solid Wa.te Facility I icen<e and C'.onditionallJser Penn it #&7-10 AIlPlication< renewal November 30,1993 e several years due to the considerable efforts of the plant operations group to meet the strict, technology-based standards. Numbers of Exceedances Year 1990 1991 1992 1993 HCI 22 14 5 )i(O CO 2 9 1 )(.1 There have been no exceedances of the emission limitations for the other parameters. We are pleased with the environmental and productivity record of ERS. We continually work to maintain and improve the operation to have a productive facility which does not result in significant environmental impact in our community. d. The addition to our office building is the one significant site activity not directly associated with the power plant This activity is proceeding as planned and permitted. We anticipate completion within the first quarter of 1994. e As usual, representatives of the City are welcome to inspect our site at any convenient time. Please contact us if there is other information we should supply regarding reissuance of the subject permit and license. Please advise us of the dates of any Planning Commission or City Council meetings when this information will be discussed. Sincerely, UNITED PO~ER A~TION . ~Cq?"_____ J~ ~gen, Man~r /' Environmental Services Power Production JE:pr Attachments: Conditional Use Permit Application (one pg) Conditional Use Pennit Request (one pg) March 9, 1993 letter to City of ER, wi attachment c:\winworcfveggenlfiIe93\er-cily.doc List of adjacent property owners Site drawing Check for $75, CUP renewal fee e 30f3 e e e Ute 2 ~ 1~:;3 - - - - LIi:SJ: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 FROM: JOHN LICHTER - B.A. LIESCH ASSOCIATES, INC. DATE: DECEMBER 20,1993 RE: RENEWAL OF UNITED POWER ASSOCIATION CONDITIONAL USE PERMIT Based on our recent telephone conversation, I have taken a look at several issues with regard the Conditional Use Permit renewal request forwarded by United Power Association (UP A). The attached table indicates the impact of the new waste combustor rules on UPA. The regulated items are shown on the right hand column, the second column indicates the old standards for Class A incinerators which were taken from the State Register. The new standards shown are in the third column which also came from the Minnesota State Register. Federal guidelines for large municipal waste combustors are shown in the last column. These were taken from the Federal Register of February 11, 1991. Significant changes in emission standards include a drop in the carbon monoxide standards from 400 parts per million to 200 parts per .million, opacity from 20% to 10%, the addition of a mercury standard of 30 micrograms per dry standard cubic meter or 85% removal and lowering of acid gas emissions on a parts per million basis. Comprehensive emissions testing has been accomplished by UP A on five separate occasions, in November 1989, March and May of 1990, August of 1991, and in November of 1992. Another round of testing is scheduled for early 1994. At the completion of that test, all four seasons will have been tested by UPA. The second table enclosed illustrates RDF burned by UP A by month. The existing permit allows for 1,050 tons per day burned as a montWy average. In no case is this standard been exceeded. Our analysis of all of the emissions data collected by date by UP A indicates compliance with all applicable standards at this time and likely compliance with all new standards proposed by the State and the Federal Government. ~"""""""'''''''"M''''"'f~i;1La;:W'Ili:-''~''''':;~'';''':;&..'''~'t~-'';'';''''''''''~~7.'"'-'-''''''''''~~l!ol&i!'~li,rir"",,,:,,,G.';;;;;~i'i~~iOillil~.~.\i"~,.)~tJ::i,.i\L'" Page 2 December 20, 1993 e Steve, if you have any questions, please call me. I will forward a memorandum concerning the issues regarding the NSP request under separate cover. maw:ENV /49004/memoI22093. wp e e B,A, LIESCH ASSOCIATES. INC. 13400 15TH AVENUE NORTH MINNEAPOLIS. MINNESOTA 55441 lj.. e e . UPA Unit 1 - 176 X 106 BTU/hr. Unit 2 - 176 X 106 BTU/hr. Unit 3 - 281 X 106 BTU/hr. Total = 633 x 106 BTU/hr. Permit issued 11/25/86 - would be regulated as Class A under the new MPCA rules. Regulated Items Class Al Old Class A New Existing Plantz.3 Standards Standards Federal Guidelines PM Front half -- 0.015 gr/dscf Total 0.02 gr/dscf 0.020 gr/dscf 69 mg/dscm PCDD/PCDF Total -- 30 ng/dscm 60 ngl dscm 2,378 TCDD 3 ng/dscm -- equivalent Acid gases HCL 90% or 50 ppm 90% or 25 ppm 50% or 25 ppmv SOz -- 70% or 30 ppm 50% or 30 ppmv Carbon Monoxides (RDF) 400 ppm 200 ppm 200 ppmv Opacity 20% 10% 10% Hg (RDF) -- (short-term) 50 ug/dscm or measured as PM 85% (long-term) 90 day 30 ug/dscm or test 85% 15 month test 30 ug/dscm IState Register zFederal Register, p. 5516 2/11/91. 3Assumes UPA plant is in the large MWC plant category. maw:ENV 149004/UP Atbl. wp UPA Month RDF Burned - aye (tons/day) 9/93 890 8/93 892 7/93 921 6/93 955 5/93 650 4/93 695 3/93 817 2/93 788 1/93 628 12/92 817 11/92 843 10/92 727 9/92 762 8/92 693 7/92 532 6/92 651 5/92 606 4/92 543 3/92 738 2/92 679 1/92 747 maw:ENV /49004/UP Atb12. wp e e . e EXHIBIT B AMENDED CONDITIONAL USE PERMIT NO. 87-10 For United Power Association Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, and January 18, 1994, subject to the following terms: e e 1. This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation of the United Power Association Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery 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 permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, and November 30, 1993, applications of Permittee for renewal of the Conditional Use Permit and Solid Waste Facility License for the Facility; and as further described in correspondence from permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. 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 this Permit and all such documents are considered to be and are hereby made a part of this Permit. e e e 2. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted by the Permittee and hereby made a part of this Permit. 3. All utility and street construction plans and specifications as presented by the Permittee for the Facility and servicing streets must be prepared by a Registered Civil Engineer in accordance with directions of and as approved by the City Engineer. 4. All building plans and specifications must be approved by the City Building Inspector and Fire Chief. 5. Approval of driveway entrances or exits, 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. 6. The City shall have the right of access to the Facility and site. The City need not give prior notice to the Permittee for designated personnel to access the Facility or site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any 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 the Permittee's safety standards and proprietary information requirements, and shall not interfere with the Permittee's ability to perform its contractual obligations. 7. All employee or visitor motor vehicles associated with Facility operation shall be parked on Facility property or on adjacent property owned by the Permittee, but not on adjacent lands not owned by Permittee or on adjacent streets. Adequate facilities must be provided to ensure that no vehicle delivering RDF to the Facility will have to wait outside the perimeter of the Facility site. 8. The City shall be notified by the Permittee immediately upon the release or spill of hazardous materials at the Facility; and of any violations of the conditions of the Permit, Air Emission Facility Permit No. 147A-86-0T-1, or Permit for a Waste Processing Facility and System, No. SW-305. 9. This Permit authorizes burning at the Facility of up to 1,050 tons per day of RDF as a monthly average. 10. All RDF and Ash-hauling truck traffic must enter the Facility site directly from Highway 10, Highway 169, or UPA Drive; and must exit the Facility directly onto 2. e 11. 12. 13. Highway 169. RDF hauling trucks shall not enter or exit the Facility during the hours of 4:00 p.m. to 6:30 p.m. any day. All ash or other haul trucks leaving the Facility shall be securely covered so that no ash, or other particulate matter may escape. 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. No RDF or Ash trucks may be washed at the Facility. RDF receiving and handling areas in the Facility shall be fully enclosed to control odor and noise and sprinkled. The doors to the RDF receiving building shall remain closed at all times, except when trucks are entering or leaving, and RDF shall be moved from the receiving building to the burners as quickly as possible to control odors. If, in the judgment of City staff, odors migrating off the facility site continue to be unacceptable, staff may direct Permittee to deodorize. City staff may also direct Permittee to take such steps as may be necessary to control noise emanating from the Facility, including placement of mufflers on exhaust vents and stacks. 14. The Facility shall undertake no burning of RDF 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. e 15. The Permittee shall engage in a regular and routine litter maintenance and removal program extending to areas on and off the Facility site adversely impacted by debris related to Facility operations, as may be determined by the City. 16. The Permittee shall reimburse the City for any and all expenses associated with Facility-related improvements to any city streets used by vehicles transporting RDF or Ash which serve as primary access to the Facility. The Permittee shall also reimburse the City for all patching and repair expenses in excess of the City'S normal street maintenance program for such streets. 17. No exterior storage of RDF or Ash shall be allowed. RDF which is burning or smoldering when it arrives at the Facility may be temporarily deposited outside, in an area approved by City staff, for the purpose of putting out the fire. The designated fire fighting area shall be hard surfaced and diked if there is evidence of fire suppression water runoff to unpaved drainage areas. e 3 . e 18. The Permittee represents and warrants to the City that the Facility shall at all times comply with the performance standards descriptions and representations made in the Permittee's application for a Solid Waste Facility License to permit the operation of a Waste Burning Facility and in the correspondence from permittee to John Klovning dated January 23, 1987, and with all applicable city, county, state, and federal laws and regulations, including without limitation, environmental laws and regulations. 19. The establishment and operation of the facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Section 604 of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Section 604 and/or said license which are not specifically set forth in this Permit. e 20. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Section 604 of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. 21. 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 the development, operation, and regulation 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 and operation of the Facility, except those costs and expenses normally covered by the building permit fee. e 4. B. e e e 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 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 seg. 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. 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. 5. C. e 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 forty-five (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 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 the Permittee and its successors and assigns. The assignment by the 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. e D. e Violation of the terms of this Permit or of MPCA Permit No. 8W-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 hearing as provided by City ordinance. 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. 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. 6. e 23. Notices: Required notice to the Permittee shall be in writing, and shall be either hand delivered to the Permittee, its employees or agents, or mailed to the Permittee by certified or registered mail at the following address: 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 e 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, February 9, 1987. 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 Permittee, represents and binds Permittee to the terms of this Permit, having fully examined this Permit and all materials referred to herein and agrees to all the conditions set forth. Each person signing below on behalf of the Permittee does so upon the authority of the Board of Directors of the 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 been substantially completed or unless extended as provided in 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: UNITED POWER ASSOCIATION By: Its: e 7. '" e e e STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument day of , 1994, by of United corporation, on behalf of the was acknowledged before me this , the Power Association, a Minnesota 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) PKB:IR5s 8. EXHIBIT B e CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE UNITED POWER ASSOCIATION WASTE BURNING FACILITY This Solid Waste Facility License (the License) is hereby issued by the City of Elk River (the City), pursuant to Section 604 (the Solid Waste Facilities Ordinance) of the City of Elk River Code of Ordinances (the City Code) to United Power Association (the Licensee) for the establishment and operation of a Waste Burning Facility (the Facility) upon the property legally described in Exhibit A to this License (the Site) . I. This License authorizes the establishment and operation of a Waste Burning Facility which will burn a maximum of one thousand fifty (1,050) tons per day of refuse derived fuel (RDF) as a monthly average, as described in: e 1. Licensee's "Application for a Solid Waste Facility License to Permit the Operation of a Waste Burning Facility" and supplemental correspondence from Licensee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987; Licensee's November 30, 1989, application for renewal of the License for the Facility and supplemental correspondence from Licensee to the City dated March 22, 1990 and July 2, 1990; Licensee's November 13, 1991 application for renewal of the License and supplemental correspondence from Licensee to the City's Consultant dated November 20, 1991; and Licensee's November 30, 1993 application for renewal of the License, including all attachments thereto; 2. The Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility, dated April 1986, and July 1986; 3. The Combined Air and Solid Waste Permit No. 147A-86-0T-1 For an Air Emission Facility, Air Pollution Control Equipment, and Solid Waste Processing System, and Permit for the Construction and Operation of a Waste Processing Facility, No. SW-305 (collectively referred to as the MPCA e e Permit), issued by the Minnesota Pollution Control Agency (MPCA). II. This License is issued subject to the requirements and conditions set forth below in Section III, which are imposed for the purposes of: 1. Satisfying the standards set forth in the Elk River City Code of Ordinances, including Section 604 and Article IX thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and III. Requirements and Conditions: 5. Preventing land, water, or air pollution. e e 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 permit. 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 "Special Conditions;" "Special Conditions Relating to RDF and Solid Waste;" and "General Conditions" of the MPCA permit. Any violation of the MPCA permit or any MPCA Regulation will constitute a violation of 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 2. e 4. e e the City as to what steps will be taken to correct said violations. 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 this 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; performance testing and monitoring results; testing and monitoring plans; the ash management program, including the ash disposal plan and ash evaluation reports; and all emission inventory reports. 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 604.28 (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 . Performance Testing. In addition to all testing and monitoring required by the MPCA Permit, Licensee shall test the emission levels from the Facility of Polychlorinated Dibenzo-p-Dioxins (PCDD) and 3. e Polychlorinated Dibenzofurans (PCDF) (Dioxins and Furans) and the following heavy metals every fifteen (15) months: arsenic, beryllium, cadmium, chromium, lead, mercury, nickel, and selenium. 9 . Hazardous and Dangerous Wastes. There shall be no burning of Hazardous or Dangerous Waste at the Facility. Temporary storage of Hazardous and Dangerous Waste shall be allowed as provided by Section 604 of the City Code. Licensee shall notify the City immediately upon the 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 such release or spill. e 10. Storage Areas to be Fully Enclosed. All RDF receiving, handling, and storage areas at the Facility, shall be fully enclosed and sprinkled, including the pit in the receiving building, the hood over the conveyor in the receiving building, and the entire RDF conveyor from the receiving building to the burners. Adequate ash storage facilities shall be provided to insure that under no circumstances will ash be stored in anything but fully enclosed structures. The ash load-out building shall be constructed as shown on the plans approved by the City on September 26, 1991. Ventilation and filters shall be provided for this building sufficient so that ash particles are not being exhausted outside the building. All ash and other haul trucks leaving the facility shall be securely covered so that no ash or other particulate matter may escape. 11. Ash Disposal. All ash shall be permanently transported out of the City except that portion, if any, which is attributable to municipal solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash disposal shall strictly comply with the requirements of Section 604 of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. e 12. RDF and Ash Truck Haul Routes. To minimize the impact of the Facility on other land uses and activities in the area, all trucks hauling RDF to the Facility from the NSP Waste Processing Facility shall use the following routes: (1) from the NSP Facility via 165th Street to Highway 10 and from Highway 10 directly into the 4. e Facility; or (2) from the NSP Facility via 165th Street to Highway 10, Highway 10 to Main Street, Main Street to UPA Drive, and from UPA Drive into the Facility. RDF trucks returning from the Facility to the NSP Facility shall use the following route: From the Facility directly onto Highway 169, Highway 169 to Highway 10, Highway 10 to 165th Street, and from 165th Street directly into the NSP Facility. All Ash and other hauling truck traffic must enter the Facility directly from Highway 10, UPA Drive, or Highway 169; and must exit the Facility directly onto Highway 169. RDF hauling trucks shall not enter or exit the Facility during the hours of 4:00 p.m. to 6:30 p.m. any day. 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. 13. Signage. Licensee shall erect and maintain at each entrance to the Facility a permanent sign stating the name of the Facility and the MPCA Permit number. 14. License Fees. Licensee shall promptly pay the License application fee and annual License fees required by Section 604 of the City Code. e 15. Inspections. Licensee shall make the Facility available for inspections as required by the CUP and Section 604 of the City Code. 16. 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. 17. 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. 18. 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. 19. 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. e 5. e 20. Indemnification of City. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the wilful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.01, et. seg. for the release of hazardous waste at the Facility and from any remedial actions, clean- ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 19 are subject to the limits of liability set forth in Minnesota Statutes Section 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. e 21. 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. e 6. e 22. 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. 23. 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. 24. 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. e 25. 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. 26. 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: 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: e City of Elk River City Hall Elk River, Minnesota 55330 Attention: City Administrator 7. e e . 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 United Power Association, 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. 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: UNITED POWER ASSOCIATION By: Its: By: Its: PKB:IR6s 8.